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HomeMy WebLinkAbout03/07/1994 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Civic Center Monday - 7:30 p.m. 100 Civic Plaza, Council Chambers March 7, 1994 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETINGS - February 7, 1994 6. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item which is not on the Planning Commission agenda. Comments should not exceed 5 minutes. If any person feels that this is insufficient time to address his or her concern, that person should arrange with the Planning Director to have his or her particular concern placed on the agenda for a future meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 94-006 Dublin Corral Conditional Use Permit request for a dance floor to allow public dancing within the lounge area of an existing restaurant located at 11851 Dublin Boulevard (Dublin Square Shopping Center) . 8.2 PA 93-062 City of Dublin Sign Ordinance Revision Project proposal to amend the Zoning Ordinance pertaining to the regulation of signs. 9. NEW OR UNFINISHED BUSINESS 9.1 Discussion with Senior Civil Engineer regarding traffic impact fee presentation. 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedure Summary) CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 7, 1994 TO: Planning Commission FROM: Planning Staff iV- PREPARED BY: Ralph Kachadourian, Assistant Planner/Zoning Investigator 4, "- SUBJECT: PA 94-006 Dublin Corral CUP GENERAL INFORMATION: PROJECT: Conditional Use Permit approval request to allow a dance floor for public dancing within the lounge and bar of the restaurant located at 11851 Dublin Boulevard in the Dublin Square Shopping Center. APPLICANT: Gerald Follett/Mike Barbour Dublin Corral 11851 Dublin Boulevard Dublin, Ca 94568 PROPERTY OWNER: Berkeley Land Company Inc. 1211 Newell Avenue #120 Walnut Creek, CA 94596 LOCATION: 11851 Dublin Boulevard ASSESSOR PARCEL: 941-1560-7 PARCEL SIZE: 4.13± acres GENERAL PLAN DESIGNATION: Retail/Office EXISTING ZONING AND LAND USE: C-1 (Retail Business) District Uses; Dublin Square Shopping Center SURROUNDING LAND USE AND ZONING: North: C-O (Administrative Office) District; Dublin Tech Center/Baytree Business Park/Little Kids Learning Center South: A (Agricultural) District; Old St. Raymond Church/Heritage Cemetery East: PD (Planned Development) District; Heritage Park Office Complex/Dublin Christian Church (Green Store) COPIES TO: Applicant 8.I Owner ITEM NO. ( Address File PAGE t OF. 3 West: M-1 B-40 (Light Industrial) Combining District; Hexcel Corp. Facility ZONING HISTORY: AC-3397: On May 26, 1978, the Alameda County Zoning Administrator approved an Administrative Conditional Use Permit to Berkeley Land Associates for a fireworks stand. AC-3614: On June 8, 1978, the Alameda County Zoning Administrator approved an Administrative Conditional Use Permit for a Red Devil fireworks stand. C-3077: On March 10, 1976, the Alameda County Zoning Administrator approved a Conditional Use Permit to P & N Cycle Salvage for the indoor sales and installation of motorcycle parts and accessories. PA 86-090: On September 5, 1986, the Dublin Planning Director approved a Site Development Review to The Plumbery/ Mt. Diablo Tile for wall signage. PA 89-004: On March 23, 1989, the Planning Director approved a Site Development Review for a 6,900± square foot storage addition and a Conditional Use Permit request for a 20-foot tall, 117 square foot, double-faced, freestanding sign for the Dublin Square Shopping Center. PA 89-103: On July 13, 1990, the Planning Director approved a Site Development Review for renovation of the Dublin Square Shopping Center which included upgrading the parking lot and landscaping. PA 90-037: On July 13, 1990, the Planning Director approved a Site Development Review for a 1,025 square foot addition to the existing Community 1st National Bank. APPLICABLE REGULATIONS: Section 8-48.2 A)19) specifies that a dance floor for public dances is considered a conditional use in the C-1 (Retail Business) District, subject to a Dance Permit per Chapter 5.52 of the Dublin Municipal Code. Section 5-52.020 of the Dublin Municipal Code specifies that a permit must be obtained to allow a public dance on a premises open to the public. Section 5.52.040 of the Dublin Municipal Code specifies that no permit shall be issued for the conduct of any public dance at any establishment having less than 120 square feet of dance floor set aside for dancing, or having a dance floor within 41/2 feet of any counter or bar, or stools in connection therewith. -2- PAGE___2-OF3 Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1(a) of the California Environmental Quality Act guidelines. This use consists of an operation within an existing facility involving no expansion of use beyond that previously existing or approved for the site. NOTIFICATION: Public Notice of the March 7, 1994, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Co-Applicant and General Manager of the Dublin Corral, Mike Barbour, is requesting approval of a Conditional Use Permit to allow a dance floor within the lounge area of the restaurant in order to provide public dancing to customers and patrons. According to the Applicant, the Dublin Corral Restaurant has operated at its present location for the past 25 years and has been providing live entertainment within the lounge every Friday and Saturday night. With approval of a dance permit, Dublin Corral will provide live music and dancing from the hours of 8:00 pm to 1:00 am four to five nights per week including Friday and Saturday evenings. Recently, the restaurant and lounge had minor interior improvements completed which included the removal of a wall adjacent to the waiting area in order to enlarge the dining room and the removal of a wall that separated the lounge and bar from the dining room. Approximately 500 square feet of hardwood flooring has been installed within the lounge. The Applicant is proposing a 10' x 15' area for the dance floor, and a 7' x 6' platform will be used as the stage for the live music performers. A site inspection with Police Department Staff determined that the area adjacent to the north interior wall, as shown on Exhibit A, will not provide sufficient room to accommodate seating and tables and still meet the setback requirements needed for the dance floor. The Dublin Municipal Code requires that the area for a dance floor be no less that 120 square feet and the dance floor cannot be within 42 feet of any counter, bar or stools. Dublin Police recommends that the Applicant modify the dance floor area in order to better facilitate additional tables and seating when the dance floor is being used. This minor modification is shown as Exhibit B, Staff Recommended Modified Dance Floor Area. Staff has -3- PAGE 3 OF 3 determined that this modification would not only provide additional tables and seating space to accommodate patrons, it would allow a better use of floor space for dancing while meeting dance permit code requirements. The Applicant, however, could keep the dance floor area as proposed (Exhibit A) but would need to show that the space between the wall and the dance floor is kept clear of any tables and chairs during public dancing. Staff has included in the draft resolution (Exhibit C) a recommendation of approval of the Conditional Use Permit request based on Exhibit B, Staff Recommended Modified Dance Floor Area. In order to control potential noise or other nuisance problems resulting from the proposed dance floor use, standard conditions are included in the draft resolution which prohibit amplified music to project outside of the building and requiring the Applicant to control all on-site activities so as not to create a nuisance to the adjoining or surrounding businesses. Adequate on-site parking (185 spaces provided) is available to accommodate public dancing in the lounge, as well as for the other retail uses within the shopping center and no traffic circulation or parking problems exist. Since no additional traffic impacts will result with the dance floor use, a traffic impact fee will not be required. Dublin Corral has been operating in compliance with all applicable regulations of the Zoning Ordinance. This application has been reviewed by other City departments and affected governmental agencies, and their comments have been incorporated into the draft resolution. Staff has also included a standard condition which requires the use to be reviewed by the Zoning Investigator and Dublin Police on at least an annual basis to determine compliance with the conditions of approval. Should any of the conditions of approval be violated, the Applicant could be issued a citation and/or the Conditional Use Permit could be revoked. Staff recommends approval of the Applicant's request for a Conditional Use Permit, subject to the conditions listed in the draft resolution, Exhibit C. RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt the draft resolution approving PA 94-006, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the draft resolution (Exhibit C) approving PA 94-006 Dublin Corral Conditional Use Permit. ATTACHMENTS: Exhibit A: Floor Plan/Layout of existing restaurant and lounge with proposed dance floor area Exhibit B: Staff Recommended Modified Dance Floor Area Exhibit C: Draft Resolution for PA 94-006 Conditional Use Permit Background Attachments: Attachment 1: Applicant's Written Statement Attachment 2: Dublin Square Site Plan Attachment 3: Zoning/Location Map -s- PAGE S or..._13 • ,D3L4rJ aawva-L .. 1loo,e P /1/1/ i= -burs RoPos4-L- f'R PkQ Flaw. Agog- ---(------( — Imo,/ ooM -DIES \ 3fq�quET [\ ,,o o M A a-CiHEN AO• Foao k SToef96E XofFi CE v tr)— 0 *D//V/A/6 ,Vo oA/J 0 0 I STORAGE oa�i�R - r'',i'C=:al i D AEI O8� 000 ®O - P.FEBD013 lag') e GLooR 1,1 O _ I ENTRY ` /o'X/S'_ i , - ,� �'N SCALE l"= 10" EXHIBIT A PAGE pf 3 . P ut3 Cb L. F'loo,e PA-"/ 517AC WCJ MME0E-O AtopifieD D, 2 4- C 4Q) sM /s 1 ooM -DtE3 O O NIIL\A, KfrcNEN Aoo roan ct .57-64f9 GE vl 0 .D!n/!A/6 Room 3 Ck O 1 STORAGE o PA- qLI-0 I 000 OOOOO )a PA- 0J Mit w 779i/cE 0 0 0, FLoa ) y a O W u NTY' lY} x l21 I / .VS I 0 Room 1.4, d P cHLE l"- /0' EXHIBIT $ P Aar E. _or 3- � RESOLUTION NO. 94 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 94-006 DUBLIN CORRAL CONDITIONAL USE PERMIT TO ALLOW A DANCE FLOOR FOR PUBLIC DANCING WITHIN THE LOUNGE AND BAR OF THE RESTAURANT LOCATED AT 11851 DUBLIN BOULEVARD WHEREAS, Mike Barbour, General Manager of the Dublin Corral, has filed an application for the approval of a Conditional Use Permit to allow a dance floor for public dancing within the lounge and bar of the restaurant which is located at 11851 Dublin Boulevard in the Dublin Square Shopping Center; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 7, 1994; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class 1(a) ; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed project will serve a public need by providing an additional recreational and entertainment use for the community. B. The use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible to the type and nature of operations typically found in the neighborhood. C. The use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. D. The use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located in that conditions have been applied to insure conformance with the Zoning Ordinance. EXHIBIT C BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 94-006 Dublin Corral Conditional Use Permit subject to the following conditions and restrictions. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. fPLI Planning, rBl Building, [P01 Police, [PW1 Public Works, [ADM1 Administration/City Attorney,[FIN] Finance, IF] Dougherty Regional Fire Authority, fDSR1 Dublin San Ramon Services District, [Col Alameda County Department of Environmental Health. 1. PA 94-006 is approved to allow a dance floor for public dancing within the lounge and bar of the restaurant located at 11851 Dublin Boulevard, as generally depicted by the modified floor plan labeled Exhibit B, stamped approved and as specified by the conditions of approval. [PL] 2. Operating hours for public dancing within the lounge and bar shall be from 8:00 p.m. to 1:00 a.m. [PL, PO] 3. The Applicant shall maintain at all times a valid dance permit issued by Dublin Police Services, and the dance floor area must comply with the Public Dance requirements as specified in Chapter 5.52 of the Dublin Municipal Code. [PO] 4. The Applicant shall submit evidence to the Planning Department that the Public Dance Permit requirements specified by Condition #3 have been met. [PL, PO] 5. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. All activities associated with the dance permit use shall be conducted entirely within the building. [PL, PO] 6. The Applicant shall monitor and control any/all noise that is generated as a result of the live music performances and/or public dancing and any other disturbances inside or outside the restaurant and lounge so as not to create a nuisance to the existing or surrounding businesses. [PL, PO] 7. The Applicant shall comply with any/all Alameda County Environmental Health Department and Dougherty Regional Fire Authority regulations and requirements at all times. [CO, F] 8. No exterior or interior modifications or the relocation of the Dublin Corral within the Dublin Square Shopping Center, shall occur without prior review and written approval of the Planning Director and must comply with all applicable zoning, building code and engineering regulations, including issuance of building permits, if required. [PL, B, PW] Z_ PAGE 9 OF 9. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator and Police Department review and determination as to compliance with the conditions of approval. [PL, PO] 10. This approval shall be null and void in the event the approved dance permit use ceases to operate for a continuous one year period. [PL] 11. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this use permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 7th day of March, 1994. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director The Dublin Corral is a full service restaurant and lounge serving lunch and dinner and providing live entertainment in the lounge for the past 25 years on Friday and Saturday nights. Quite frequently we are asked why we do not have a dance permit as it seems many of our customers would enjoy dancing. As new owners of the Corral we feel that having dancing available would not only provide a much requested entertainment activity to the citizens of Dublin and may provide a much needed boost to this restaurants financial condition. The addition of dancing at this establishment would not materially change our normal use, hours or cliental. The type of music we would offer would appeal to our present middle aged crowd, in greater numbers we hope, and not to a younger rock n roll type of crowd. Being located in a shopping center with large parking facilities and our business is the only one open at night we have more than adequate parking. We are surrounded by bussinesses which are mostly unoccupied at night. The closest residential is located across Dublin BLvd. from the shopping center and quite a distance from our business. We feel confident we will create no disturbance to the surrounding community. We propose to offer live music and dancing 4 or 5 nights a week including Friday and Saturday nights from 8pm to lam. We will employ 1 or 2 bartenders and 1 or 2 cocktail persons as need indicates. We are installing a new dance floor in the entire lounge area of approximately 1,000 square feet of which 500 square feet will be available for dancing. Thank you Dublin Corral RECEIRD ATTACHMENT I 7FEB 1 l PAGE I( or (3 Du N NING 1 , _ G H , , .CIA J . 41 _ • 1 i + k ‘‘‘,6,., .,, i ii _______________ ii . _,if 1 . if; fti A ' \ f 4 I, .`- 1 Ili ,, , t.' 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I u � c r r c l I r n- ;r- PAGE I 3 Oi r 3 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 7, 1994 TO: Planning Commission FROM: Planning Staff PREPARED BY: David Choy,,Associate Planner SUBJECT: PA 93-062 City of Dublin Sign Ordinance Revision GENERAL INFORMATION: PROJECT: The City of Dublin proposes to revise the Zoning Ordinance relating to signs. APPLICANT: City of Dublin 100 Civic Plaza Dublin, CA 94568 APPLICABLE REGULATIONS: ENVIRONMENTAL REVIEW: This project has been found to be Exempt from CEQA under Section 15061 (b) (3) . The proposed project does not have the potential to cause a significant effect on the environment. NOTIFICATION: Pursuant to Section 65090 of the California Government Code, public notice of the March 7, 1994, hearing was published in the local newspaper, and posted in three public places. BACKGROUND In March, 1993 , in response to comments from Dublin businesses, the Chamber of Commerce and City Staff Members, the City Council established the Sign Ordinance Revision project as a high priority goal. The goal of the Sign Ordinance Revision project is to improve business visibility and sign permit processing time while maintaining attractive and effective identification. In order to clarify the problems experienced by business owners with the Sign Ordinance, the Chamber of Commerce conducted a survey of approximately 550 business in April, 1993 . The survey results reinforced the desire by the business community to improve the Sign ordinance and revealed a willingness of the business community to help identify the major concerns with the Sign Ordinance. On September 29, 1993 , the Planning Department, in coordination with the Dublin Chamber of Commerce, held a Sign Ordinance Workshop to 1) identify the major sign issues and areas of concern, 2) generate constructive comments on ways to improve the Sign Ordinance, and COPIES TO: Agenda/General Files ITEM NO. • Senior Planner 3) identify those businesses willing to help improve the Sign Ordinance through participation in a Sign Task Force. Approximately 25 business representatives and property owners attended the workshop, which was open to the public. On October 25, 1993, the City Council received a report summarizing the major sign issues identified at the Sign Ordinance Workshop and through Staff review. The City Council also reviewed the work plan established for the Sign Ordinance Revision project. ANALYSIS: The goal of the project is to improve business visibility and sign permit processing time, while maintaining attractive and effective identification. To help achieve that goal, the City Council appointed 14 volunteers to serve on the Sign Task Force Committee (See Attachment 2) The Sign Task Force has been charged with the task of clarifying the major sign issues which surfaced at the Sign Ordinance Workshop. To date the Sign Task Force has met 3 times and has accomplished the following tasks: 1) November 18, 1993: Sign Task Force (STF) members officially appointed. Reviewed major sign issues which were developed at the Sign Ordinance Workshop. Clarified the major sign issues to be included within the Sign Ordinance Revision project. STF members broke up into sub-groups to generate specific comments on major sign issues and develop alternatives for resolving the major sign issues. These comments were forwarded to Staff for review (See Attachment 3) . 2) December 15, 1993: STF members continued to discuss the major sign issues and areas of concern with the existing Sign Ordinance. Discussed ways to improve the existing Sign Ordinance. 3) February 2, 1994: STF reviewed a draft copy of the Planning Commission Public Hearing Staff Report regarding the Sign Ordinance Revision project. Comments were provided on the major sign issues. The following is a list of major sign issues and a summary of the discussion pertaining to each topic: I. Sign Ordinance Elements: A. Visibility B. Landscaping C. Freestanding Signs - Monument Style - Directory Style - Conventional D. Accommodating Growth/Expansion E. Real Estate Signs F. Freeway Signage G. Automobile Dealership Signs H. Banners and Flags II. Simplifying Sign Permit Application/Processing III. Enforcement IV. Non-Conforming Signs 2 • I. Sign Ordinance Elements A. Visibility Visibility of signage has been identified as a major concern for most businesses. The general feeling is that the existing Sign Ordinance does not allow adequate business identification, both in terms of the size and amount of signs permitted. In particular, businesses located in the back of multi-tenant centers are experiencing difficulty in obtaining adequate street visibility. One method of improving this problem is to increase the size of lettering used on signs for these businesses. While larger sign copy will help to provide better visual identification for a business, Staff has found, through visual site inspections, that the letter style and contrast between background and letter copy may have an equal, if not greater, effect on the visibility and recognition of business signage. Bold, block letters are easier to read than thin script letters. In addition, the use of a high contrasting background will assist in emphasizing the lettering of a sign. The signs for Launderland and Payless Drug Store emphasize this point. Staff recognizes that some businesses are limited to corporate designs and colors for signage. However, the Sign Task Force has suggested compiling a binder with examples of effective and non- effective signage, which would be kept at the public counter, for providing the public with general design ideas and options. Staff has found that many business are not utilizing the wall sign area automatically permitted by the Sign Ordinance. - Primary Building Frontage automatically permitted signage = 21 square feet (1.75' x 12' or 2' x 10.5') - Primary Building Frontage maximum permitted signage = 42 square feet (1.75' x 24' or 2' x 21') - Secondary Building Frontage automatically and maximum permitted signage = 17.5 square feet (1.75' x 10' or 2' x 8.75') Additionally, Staff has found that many businesses are not utilizing the maximum wall sign area permitted by the Sign Ordinance through a Site Development Review approval: - Primary Building Frontage maximum signage with Site Development Review approval = 10% of building frontage - Secondary Building Frontage maximum signage with Site Development Review approval = 7.5% of building frontage Some businesses are placing too much text on their business signs, which effectively reduces the size of sign copy. A single 12 inch line of sign copy is generally easier to recognize and comprehend than two 6 inch lines of copy, especially if you are driving by in an automobile at 35 to 40 miles per hour. 3 A suggestion was made by the Sign Task Force to amend the provision of the Sign Ordinance regulating the placement of wall signs. The Sign Task Force felt that the additional flexibility in choosing secondary building frontages could be of benefit to the individual businesses. The existing Ordinance permits wall signs to be located only on eligible primary and secondary building frontages. Buildings which have been constructed on a property line adjacent to another piece of private property cannot have signage placed on the wall abutting the property line. This is because the wall does not directly face a public area (such as a road, driveway or parking lot) from which a customer can reasonably gain access to the building. Some cities (such as San Ramon) would allow signage on a frontage which contains a public entrance. Some businesses feel that this provision has an adverse affect on their ability to provide effective identification. Suggestions have been made to allow each business a total of two wall signs (or three for stand alone buildings and corner tenant spaces), keep the primary building frontage definition and allow the individual business to choose their secondary building frontage(s) . This would allow businesses greater flexibility in deciding which secondary building frontages provide them with the most effective signage. It could also result in the potentially misleading situation in which signage is placed on a building wall where the public cannot gain access to the building. The Planning Commission has previously indicated a concern regarding signs placed on vehicles. Businesses currently use this type of signage, which must be permanently affixed to the vehicle, as a mechanism to gain additional identity from the street level. The Sign Task Force recognizes the difficulty in getting businesses to follow the current regulations but wants to encourage stricter control regarding non-conforming signage on vehicles. Staff concurs with the need for increased visibility, and suggests consideration of increasing the size for automatically permitted signs. Any increase in permitted business signage will need to be balanced with the goal of maintaining attractive and effective identification. Staff recommends that the Planning Commission provide direction regarding these visibility issues: • size of lettering, automatically permitted • size of lettering, permitted through Site Development Review • eligible building frontages • signs on vehicles B. Landscaping Both on-site and off-site landscaping can have an effect on the visibility of business signage. Many of the commercial sites have mature landscaping, including trees, which provide on-site visual relief and also provide a shade canopy for vehicles within the parking lot. These mature trees, however, can have the adverse effect of blocking business signage from the public street. Street trees located off-site, as well as landscaping within median islands, can 4 • also hinder business visibility. Landscaping needs to be designed so that business identification and visibility are maintained. Various ideas were discussed to improve this situation. These ideas included: 1) judicious or, at a minimum, regular trimming of parking lot trees to help improve visibility of business signage; 2) implementing a landscape modernization program to revise existing landscape planting and increase the use of drought- tolerant plant species; 3) utilizing accent rather than shade trees within parking lots or use a species of tree which has a more horizontally transparent canopy such as a London plane tree; and 4) focusing on the long-term effects of landscape planting at the time of permit approval (what will the site look like after 5-10-15 years). Staff concurs with the need to balance landscaping and visibility in design. The Site Development Review Guidelines include a recommendation that street trees compliment the street frontage and maintain the visibility of commercial tenant signage. The same is true for trees within parking lots. Staff may need to encourage additional implementation of this guideline with new landscaping proposals and with proposals to upgrade existing landscaping. Staff could also keep photos of effective landscape treatment at the public counter for informational purposes. Staff recommends that the Planning Commission provide direction regarding this landscaping issue. C. Freestanding Signs Many comments were generated regarding freestanding signs. Discussion focused primarily on the need for larger, more visible and easily understandable freestanding signs. There are, however, three different types of freestanding signs which are permitted by the Sign Ordinance: monument style signs, directory style signs and conventional freestanding signs. It is important to distinguish between these three types. Monument style signs: These freestanding signs are typically low profile (6' height limit) , understated signs with a greater sign length than height and are generally located at the front of a parcel (i.e., Enea Plaza, Operating Engineers Credit Union, Lucky Food Stores Corporate Office) . These signs typically do not block visibility of the center from the street. Monument signs are used on parcels with single tenants or to identify a shopping center. Sign copy is limited to the name of the individual business or center. Directory style signs: These freestanding signs are generally taller (8' height limit) than they are wide. These signs typically list the name of the individual tenants which are located within the center (i.e., Allied Furniture, HL Hendry, Clothestime sites) . Directory signs work well when identifying a center with only a few tenants. Problems arise when a directory sign is used to identify too many tenants and individual name plates are reduced in size to accommodate more business names. This results in an illegible 5 • directory sign which is ineffective in providing business identification to drive by traffic. Conventional freestanding signs: These freestanding signs are often elevated at or above the height of the building (20' height limit, 35' upon Conditional Use Permit approval) . These signs are typically mounted on a pole or posts (i.e. Pak N Save, Office Depot, Circuit City) . Both the size and area permitted for these signs are increased as the setback from the front property line is increased. These signs typically identify the name of the center or the name of the major tenant. Staff has developed the following suggestions for evaluating all three types of freestanding signs: 1) consider uniformity through design and layout in order to provide consistent, recognizable elements on all freestanding signs, such as street address numbers large enough to be easily read and placed at, or near, the top of all freestanding signs; 2) consider the use of a standardized size permitted for all three types of freestanding signs which can be approved at a Staff level. If increased size is needed, handle the request through either the Site Development Review or Conditional Use Permit process; 3) consider either increasing the total amount of sign area permitted or count only one side of a double-sided sign; 4) consider revising the method of calculating freestanding sign area which is currently determined by setback distance to allow larger signs closer to the street; 5) consider combining the provisions governing conventional and alternate type freestanding signs in order to simplify the review of freestanding signs; 6) reconsider the maximum number of freestanding signs permitted on a parcel (multi-tenant shopping centers permitted one sign at each vehicular entrance); and 7) consider facilitating standard pylon designs for major shopping centers as recommended in the Downtown Specific Plan. Staff recommends that the Planning Commission provide direction regarding the appropriateness of the alternatives listed to address these freestanding sign issues D. Accommodate Growth/Expansion The issue of revising the Sign Ordinance to allow signage within a center to accommodate expansion or growth was discussed. A suggestion was made to allow centers to add on to their existing freestanding sign as new tenants occupied a center. However, for many of the multi-tenant centers expansion is not an option as the freestanding signs already possess the maximum sign area or are controlled by anchor tenants. In large centers it is very difficult to provide each tenant with visibility on a freestanding sign. These sites would need a huge marquee or cinema-type sign, in order for them to be effective/readable. 6 • Major tenants are often the only tenants to appear on shopping center identification signs, but this could be due to an arrangement within their particular lease. Property owners maintain control over sign copy, and access to the freestanding signs. The City currently does not participate in these types of negotiations because it has no jurisdiction over leases or other private contractual agreements. In the absence of street visibility through individual signs, smaller tenants do have the ability to pool their resources together to advertise as a center, rather than individually. This would allow the smaller tenants to take advantage of a center's name located on a freestanding sign. Staff has identified one concept which might allow street visibility for all tenants within a center. The concept involves sign placards or individual lettering mounted on a linear fence which is located at the street frontage. The fence would need to be constructed of wrought iron, or similar material, to appear transparent and preserve visibility and surveillance on-site. The sign fence could accommodate placards for all business properties with strict design standards to maintain uniformity. The fence would need to be high enough to prevent sign placards or individual lettering from being screened by cars parked on the street. Staff recommends that the Planning Commission provide direction regarding this growth/expansion issue E. Real Estate Signs The Sign Ordinance currently permits a maximum of four "open house" signs for each property being sold. The location of such signage, however, is not permitted to be placed within the public right-of-way, such as on sidewalks. This was identified as a concern for real estate agents, as it presents a disparity between Dublin's real estate/lease sign regulations and those of neighboring cities. It has been suggested that the provisions for real estate signs be modified to consider: 1) allowing "open house" signs on generic "tour days", which has been known to change from year to year, rather than specifically defining when they can be displayed (i.e., from 10:00 a.m. to 1:00 p.m. Tuesday); 2) allowing "open house" signs on the sidewalk within the public right-of-way, as long as they do not impede pedestrian, bicycle or wheelchair/handicap circulation. The existing Sign Ordinance does not allow "open house" signs within the public right-of-way (including public sidewalks) because of potential liability claims against the City if someone were injured in connection with such signage. If the issue of locating "open house" signs within the public right-of-way is to be considered, Staff would need careful input from the City's insurance representatives and the City Attorney's Office. The Sign Task Force has recommended contacting Tri-Valley cities that do allow "open house" signs on the sidewalk to determine how they address the public liability issue. Staff recommends that the Planning Commission provide direction regarding the real estate sign issue. 7 F. Freeway Signage Staff has identified freeway signage as a potential sign issue. Major businesses and shopping centers adjacent to the freeways have asked for freeway-oriented signage. The existing Sign Ordinance has limited options available for gaining freeway exposure: wall signs and conventional freestanding signs. For some businesses located adjacent to the freeway, wall signs would need to be installed on the back of buildings, which currently may not qualify as eligible secondary building frontages for signage. One alternative for addressing this issue would be to consider facilitating freeway-oriented freestanding signs. Such signs would need to be well-designed and relatively large in order to be attractive and effective for customers traveling on the freeways. Staff recommends that the Planning Commission provide direction regarding the freeway sign issue. G. Automobile Dealership Signs The City Council previously initiated a Zoning Ordinance Text Amendment Study to consider modifying the provisions governing freestanding signs for automobile dealerships. The current Sign Ordinance allows a maximum of two freestanding signs per parcel. Automobile dealerships often carry more than two makes of vehicles, and would like to provide identification for each of their product lines on a freestanding sign. The current limit on sign area restricts the automobile dealers from simply adding a new sign onto the existing sign poles. If additional signage is deemed appropriate for the automobile dealerships, then the method of providing additional identification will need to be determined. There are basically two options available. The first is to consider the use of a single, large, consolidated sign to identify the various product lines, such as the Rose Pavilion Auto Mall in Pleasanton. This may, however, create a conflict for the automobile dealers if the franchise signs controlled by the corporation will not allow different product lines to be displayed on the same freestanding sign. The other option available is to utilize a greater number of separate, individual freestanding signs on the automotive dealership parcels. Staff recommends that the Planning Commission provide direction regarding the automobile dealership sign issue. H. Banners and Flags The City Council also previously initiated a Zoning Ordinance Text Amendment Study to consider permanent banners and flags as a permitted form of advertising. Decorative banners and flags can provide a strong visual statement for retail centers, assisting in the attraction of shoppers and patrons. The City Council expressed an initial interest in considering banners and flags in the retail commercial districts, as well as in light industrial districts, but agreed to let the Downtown Specific Plan Task Force and the Planning Commission come up with appropriate recommendations. 8 The Sign Task Force did express concern regarding the maintenance of permanent banners and flags. Banners and flags which become weathered if left up too long can create an adverse affect on the appearance of a site. The Sign Task Force felt that if permanent banners were permitted, a regular replacement schedule should be built into the approval process, such as on a quarterly or semi-annual basis. Increasing the duration of temporary promotional signage was identified as an issue. Currently, the City allows 30 days of temporary promotional signage within a 12 month calendar year as a Zoning Clearance, which is an administrative approval. In addition, a business may be granted an additional 60 days of temporary promotional signage through a Conditional Use Permit with Zoning Administrator approval. This provides a business with a total of 90 days, or 45 out of 52 weekends within a year, to use temporary promotional signage. Concerns were expressed by the Workshop group regarding the appearance of the City if temporary sign regulations were revised too liberally. If the total of 90 days for temporary promotional signage is adequate, consideration could be given to modifying the current 30 day/60 day split for signage between the simple Zoning Clearance and the more complicated Conditional Use Permit processes. For example, these amounts could be modified to allow a 40 day/50 day, 45 day/45 day, or 60 day/30 day split in time. The Sign Task Force supported modifying the Ordinance to permit a 45 day/45 day split. The Sign Task Force felt that the problem with the current Ordinance is that businesses must constantly put up and take down the promotional signage for weekend display. Often times businesses neglect to take promotional signage down on a regular basis, and the promotional signage is displayed for an extended period of time. The Sign Task Force felt that an alternative method of regulating temporary promotional signage is to permit a total of 30 days of consecutive display per three month quarter. Keeping track of only one beginning and ending point for display would be easier to monitor from a Staff standpoint, as opposed to the current method of attempting to keep track of the individual days of display which varies from business to business. Staff recommends that the Planning Commission provide direction regarding these issues: • maintenance • display period time split II. Simplifying Sign Permit Application/Processing Comments were received requesting that 1) the sign application process be simplified, and 2) the sign permit processing time be reduced. These two comments are somewhat related in that the current sign regulations governing automatically permitted signs might be too restrictive in terms of sign size. Very few businesses have chosen to install a sign in conformance with the automatically permitted sign regulations. Most businesses prefer to install a larger sign, which requires a formal Site Development Review (SDR) application. The formal SDR application 9 process involves a discretionary approval. Because the SDR process involves a discretionary approval, State law requires a 300' radius public notice mailing, 10 days prior to approval, in order to provide due process and public input. This not only encumbers the sign review process for the Applicant, but it adds a significant amount of processing time and work for Staff. All formal SDR applications require a mandatory 10-day appeal period, upon approval. This results in an average of about 25-30 days to complete the review of a sign processed through a formal SDR application. Staff suggests utilizing more generous and clear standards for sign size for automatically permitted signs, without SDR approval, as a method of both simplifying the application process and reducing sign permit processing time. Generous standards for automatically permitted signs can provide Staff with the tools to grant more administrative approvals of sign requests, thereby, 1) simplifying the application process by eliminating the need for formal SDR sign applications, and 2) reducing the amount of processing time required to approve a sign request. In addition, this would allow businesses to have larger permitted signs, which would help to increase visibility. Again, any increase in business signage would need to be balanced with the goal of maintaining attractive and effective identification. Flexibility within the Zoning Ordinance was brought up as a way to simplify the permit process. This raises the issue of whether providing clear, simple standards within the Sign Ordinance is more effective than using guidelines for interpretation to build flexibility into the Sign Ordinance. Utilizing flexible guidelines would require some form of interpretation, to ensure the intent of the Sign Ordinance is being met. Decisions which are based upon interpretation could increase the likelihood of disagreements between Staff and Applicants, and may be considered discretionary actions. Discretionary actions often require a higher level of decision-making, requiring a formal SDR application, due process and public noticing. Flexible guidelines might not result in simplifying Staff's role in the sign permit process or in reducing the amount of processing time. Staff received comments from a number of Sign Task Force members who felt the existing Sign Ordinance was too difficult to follow and understand. Suggestions were made to: 1) consider simplifying the presentation of information through the use of a matrix format (see Attachment 4) ; 2) consider simplifying the method of calculating permitted sign area (this could be achieved by using a percentage of the lineal length of the building wall vs. using a percentage of building wall area to calculate permitted sign area) ; 3) consider condensing the amount of information being presented; and 4) consider empowering Staff to make more administrative approvals of sign requests. 10 Staff also received a suggestion to simplify the application submittal requirements by only requiring sign details with an application. Items such as a site plan would not be required if copies of accurate site plans are available from other City files. This would simplify the process for Applicants, while shifting the responsibility, time and cost of generating an accurate site plan to the Staff. There may also be an issue regarding who has the right to use another architect's or building designer's plans. The Sign Task Force wanted to simplify the process for businesses moving into an existing storefront who wish to install new signage. If the existing sign is merely being replaced with a sign of equal size, then Staff can generally sign off on a building permit with no additional review required. However, if the sign size or area is being modified, a new Sign Site Development Review may be required. Staff feels that the implementation of Sign Programs can help to regulate the replacement of signage within a center. As businesses turn over, new signs would be reviewed to ensure conformance with the adopted Sign Programs. This ensures consistency in sign size and style throughout the center. Staff recommends that the Planning Commission provide direction regarding these issues: • larger automatically permitted signs • flexible guidelines vs. streamlined processing time • simplifying sign area calculations, requirements and approval process • responsibility for accurate plans • requiring Sign Programs within multi-tenant centers III. Enforcement The majority of the Sign Task Force members felt that stricter enforcement by the City, particularly in the case of temporary or promotional signage, was warranted. The issue seemed to be one of equity, in that it was not fair for one business to voluntarily conform to the provisions of the Sign Ordinance while another business violated these same provisions of the Sign Ordinance without penalty, (such as hanging a banner for too long) . In order to be fair, it was felt that all businesses should be required to abide by the same regulations, and the sign regulations should be proactively enforced. Other Sign Task Force members felt that the existing enforcement policy should be maintained. The current City policy is to enforce the Sign Ordinance primarily on a complaint basis. Should the City Council wish to enact a more proactive sign enforcement policy, a modification to the current City policy would be required. The Sign Task Force did discuss the possibility of the business community taking a more active role in monitoring business signage and reporting to Staff, through the complaint process, those businesses which appear to be violating the Sign Regulations. Staff recommends that the Planning Commission provide direction regarding the sign enforcement issue. 11 IV. Non-Conforming Signs Modifications which are made to the existing Sign Ordinance provisions may render some existing signs legally non-conforming. A legal non-conforming use is one which was valid when brought into existence, but by subsequent regulation it becomes no longer conforming. The Sign Task Force recommends that any non-conforming signs created as a result of the new Sign Ordinance be "grandfathered" in as legal non-conforming uses. In addition, the Sign Task Force would like the three existing non-conforming signs, created by the adoption of the existing Sign Ordinance, to be "grandfathered" in under the new Sign Ordinance provisions. The three existing non-conforming signs are: 1. Corwood Carwash - 6973 Village Parkway; one double faced freestanding sign located within the required front setback which is 18.2 feet tall and with sign copy dimensions of 5' x 10' "All Cloth"; 3' diameter "76" logo and a 3' x 4.66' fuel product price sign. The total sign area for the freestanding sign is 141.96 square feet. The current Sign Ordinance does not allow a sign of this size and height to be located within the setback area. The Sign Ordinance does permit, with an approved Site Development Review, an alternate type of freestanding sign to be located within the required setback areas and allows a service station display structure with a price sign of 3 fuel products to have a maximum height of 8 feet and a total sign area not to exceed 64 square feet (32 square feet per sign face) . The existing freestanding sign would need to be reduced in both height (from 18.2 feet to 8 feet) and area (from 141.96 square feet to 64 square feet) to comply with the existing Sign Ordinance provisions. One menu board sign mounted at a height of 15 feet with a letter height of 4 feet and a length of 28 feet and a total sign area of 112 square feet. The existing menu board sign could be legalized with the approval of Site Development Review. 2. Custom Fireplace Patio & BBO - 7111 Amador Plaza Road; One wall sign on the west building elevation with a height of ±3 feet, a length of ±39 feet and a total sign area of ±88 square feet. The Sign Ordinance allows a 1.75' x 24' sign with a total area of 42 square feet. Through the Site Development Review process, a maximum sign area of 70 square feet (10% of the building wall) could be permitted. 3. Busick Air Conditioning Company - 6335 Scarlett Court; One wall mounted sign on the south building elevation with a height of 2.5 feet and a length of 15.5 feet and a total sign area of 38.75 square feet. The Sign Ordinance allows a 1.75' x 24' sign with a total area of 42 square feet. One freestanding directory sign located within the front yard setback area, with a height of 4.33 feet and a length 12 of 13.16 feet and with a total sign area of 56.98 square feet. This freestanding sign exceeds the permitted sign area allowed by the Sign Ordinance. It is difficult to determine whether these three existing, non- conforming signs would be rendered conforming under the new Sign Ordinance, since the parameters for minimum and maximum sign size and area have not yet been established. Staff recommends that the Planning Commission provide direction regarding the non-conforming sign issue. RECOMMENDATIONS: Staff is seeking direction from the Planning Commission concerning the major issues which have been identified. The Planning Commission should identify which of the major issues should be considered further, and provide direction regarding the modifications and revisions which have been proposed. Staff also seeks input from the Planning Commission regarding additional Sign Ordinance issues which should be considered. FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from the public. 3) Question Staff and the public. 4) Provide Staff with direction relating to the Ordinance Amendment for PA 93-062 and continue public hearing. ACTION: Staff recommends that the Planning Commission provide Staff with direction regarding PA 93-062 City of Dublin Sign Ordinance Revision and continue the public hearing. ATTACHMENTS: Attachment 1: Existing Sign Ordinance Attachment 2: List of Sign Task Force Volunteers Attachment 3: Comments Received from Sign Task Force Members Attachment 4: Example of Matrix for Representing Sign Provisions Attachment 5: Samples of Existing Freestanding Signs in Dublin Attachment 6: City of San Ramon Sign Ordinance Attachment 7: City of Pleasanton Sign Ordinance Attachment 8: City of Livermore Sign Ordinance Attachment 9: City of Danville Sign Ordinance 13 ' y, .'..e A1-l. sections amended by Ord. 18-SS have been incorpor- OI:DfhANC 7-86 ated into this ordinance. CHAPTER 2 OF TITLE 8 OF THE CITY OF DUBLIN ORDINANCE CODE Article 7 - Sign Regulations Sec. 8-87.0 GENERAL PROVISIONS Sec. 8-87.1 Declaration of Purpose and Statement of Objectives Sec. 8-87.2 Declaration of Policy Sec. 8-87.10 DEFINITIONS Definitions - Context A) A-Frame Sign, Portable Sign and Sandwich Board Sign B) Banner Sign C) Business Sign D) Community Identification Sign E) C-2-B-40 Directory Sign F) Directional Tract Sign G) Directory Sign H) Freestanding Sign I) Identification Sign (Amended by Ord. 6-87 = pg. 254-257) .1) Illuminated Sign K) Low Profile Sign (Amended by Ord. 6-87 = pg. 254-257) L) Non-Conforming Sign M) Office Building Master Identification Sign N) Off-site Advertising Sign 0) Open House Sign P) Primary Building Frontage Q) Projecting Sign R) Roof-Line S) Secondary Building Frontage T) Service Station Sign Display Structure U) Service Station Price Sign - V) Shopping Center Master Identification Sign(Amended by Ord.6-87=pg.254-257) W) Special Easement Sign (Amended by Ord. s-257 = pg. 254-257) X) Temporary Sign Y) Time/Temperature Sign (Amended by Ord. 6-87 = pg. 254-257) 2) Wall Sign Sec. 8-87.20 GENERAL LIMITATIONS BY LAND USE DISTRICTS Sec. 8-87.21 A - Agricultural District - Signs Permitted - Sec. 8-87.22 R-1, R-2 and R-S - Residential Districts - Signs Permitted Sec. 8-87.23 P-D - Planned Development District - Signs Permitted Sec. 8-87.24 H-1, C-1, C-2 and M-1 —Retail Business, Commercial and Light Industrial Districts - Signs Permitted - Sec. 8-87.25 C-0 - Administrative Office District - Signs Permitted Sec. 8-87.26 C-N - Neighborhood Business District - Signs Permitted (Amended 0 d.6- pg. 254- 5777 This Sign Ordinance has been amended by: - Ord. 6-87 dated 1/26/87 (see pg. 254-257) - Ord. 18-.88 dated 9/12/88,Asee pg. 258-267) _ Ord. 9-89 dated 6/12/89 (see pg. 228) • ATTACHMENT 1 - Ord. 6-92 dated 2/24/92 (see pg. 239-241) 01 79 Sec. 8-87.30 REGULATIONS GOVERNING SIZE AND STANDARDS A) Area of Signs B) Aggregate Allowable Sign Area C) Construction Materials - General Requirements D) Illumination E) Obstruction of Traffic Signal or Motorist's Vision F) Freestanding Sign - Landscaping Sec. 8-87.33 Wall Signs and Projecting Signs ec. 8-87.34 Freestanding Signs (Amended by Ord. 6-87. 254 pg. 254-257)8-87.35 Alternate Types of Freestanding Signs �� 2�/) Sec. 8-87.39 Signs Accessory to a Buildink Located Within a Required Yard Sec. 8-87.40 PROHIBITED SIGNS AND LOCATIONS A) Blinking, Flashing, Fluttering Signs B) Rotating, Animated Signs C) Wind Signs D) Portable Signs E) Signs Affixed to a Vehicle F) Temporary Signs G) Off-Site Advertising H) Signs With Fluorescent Properties I) Searchlights, Cold Air Balloons J) Signs Emitting Sound, Odor or Visible Matter K) Signs With Obscene Matter L) Signs Resembling Traffic Control Devices M) Illuminated Signs Creating Traffic Hazards N) Statuary 0) Roof Mounted Signs Sec. 8-87.50 EXEMPT-PERMITTED SIGNS A) Official Public Signs or Notices B) House Numbers, Name Plates C) Memorial-Historical Interest Signs D) Pedestrian Signs E) Directional Signs F) Political Signs G) Sale or Lease Signs H) Subdivision Sale or Lease Signs I) Bulletin Boards J) Tenant Wall Directory Signs K) Service Station Price Signs (.Amended by Ord. 6-87 = og. 2S4_2S7) L) Interior or Window Signs M) Charitable, Education, Philanthropic, Civic, Professional or Religious Organization Signs N) Signs Required by Law 0) Murals P) Holiday Decorations Q) Signs Within Private Recreation Areas R) Work-Under-Construction Signs $) Open-House Signs -Sec. 8-87.60 Signs Requiring Conditional Use Permits -Sec. 8-87.61 Signs Requiring Administrative Conditional Use Permits ,Sec. 8-87.62 PERMIT PROCEDURE ;-_Sec. 8-87.63 Compliance - Sign Permit Application Required - Sec. 8-87.64 Application - Contents ;;.Sec. 8-87.65 Application - Approval -,_Sec. 8-87.66 Design Criteria ;,_Sec. 8-87.67 Variance Procedure Sec. 8-87.70 NONCONFORMING AND ILLEGAL SIGNS Sec. 8-87.71 Nonconforming Signs Sec. 8-87.72 Signs Accessory to Nonconforming Business Sec. 8-87.73 Non-compliance - Removal or Modification Procedure Sec. 8-87.74 Illegal Signs - Subject to Summary Removal Sec. 8-87.80 ENFORCEMENT Sec. 8-87.81 Compliance - Decision of Reviewing Body Sec. 8-87.82 Maintenance - Required Sec. 8-87.83 Illegal Signs - Summary Removal Sec. 8-87.85 Means of Removal of Illegal and/or Nonconforming Signs Sec. 8-87.86 Violation - Nuisance - Abatement Sec. 8-87.87 Violation - Penalty Sec. 8-87.90 AMENDMENT AND REPEAL, SEVERABILITY Sec. 8-87.91 Amendment and Repeal Sec. 8-87.92 Severability Re-numbered. See Ord. 6-87, section 8, pg. 254-257 Amended - Ord. 6-$7 0181 ORDINANCE NO. 7 - 86* AN ORDINANCE OF THE CITY OF DUBLIN REPEALING CERTAIN PROVISIONS OF CHAPTER 2 OF TITLE 8 OF THE DUBLIN ZONING ORDINANCE REGARDING SIGN REGULATIONS AND ADOPTING ARTICLE 7 OF CHAPTER 2 OF TITLE 8 OF THE DUBLIN ZONING ORDINANCE WHICH SERVES TO REORGANIZE AND MODIFY THE CITY OF DUBLIN SIGN REGULATIONS The City Council of the City of Dublin does ordain as follows: Section 1 Amendments: Section 8-87.0 through Section 8-87.92 are added to read as follows: Sec. 8-87.0 GENERAL PROVISIONS. The provisions of this Chapter shall be subject to the following general regulations, special provisions and exceptions. Sec. 8-87.1 DECLARATION OF PURPOSE AND STATEMENT OF OBJECTIVES. The purpose of this Chapter is to provide standards to safeguard the health, safety and welfare of the community by regulating and controlling the design, quality of materials, construction, location, and maintenance of all signs and their supporting members. The objectives of this Chapter are to: 1) Implement the purposes, policies and programs of the General Plan; 2) Provide a reasonable system of regulations for signs as a part of the City's comprehensive Zoning Ordinance; 3) Promote reasonable uniformity among signs and thereby encourage development and use of signs which are compatible with adjacent land uses and which protect business sites from loss of prominence resulting from use of excessive signs on surrounding sites; 4) Attract and direct persons to various activities and enterprises and to promote more effective visual communication for the nature of goods and services available, in order to provide for the maximum public convenience; 5) Enhance the economic value of the community through proper signage and encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing; * \n�andcd 1)V Ord. 0-`0 = = 22, and ()yd. t-02 = pa. 2,:,,-2.1 *As amended by City Council Ordinance No. 6-87 adopted January 26, 1987 and City Council Ordinance No. 18-88 adopted September 12, 1988. -1- n1R2 6) Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs. Sec. 8-87.2 DECLARATION OF POLICY. It is recognized that the attractiveness of the community is an important factor of the general welfare of the citizens of the City and that reasonable control of signs is in the public interest. Further recognized is the right and need of each business, firm, or corporation to identify its respective place of business or service and that a need exists to protect public and private investments in buildings and open space. Further, the City intends to exercise its sound judgment and discretion to assure that all approved signs provide effective and attractive identification for persons trying to locate a particular place of business, service or use. — Sec. 8-87.10 DEFINITIONS. In this Chapter, unless the context otherwise requires, the following words and phrases are defined and shall be construed as follows: A) A-Frame Sign, Portable Sign, and Sandwich Board Sign. The terms A-Frame Sign, Portable Sign and Sandwich Board Sign shall mean portable signs capable of standing without support or attachment. B) Banner Sign. The term Banner Sign shall mean a temporary sign composed of light weight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame. C) Business Sign. The term Business Sign shall mean any structure, housing, sign, device, figure, painting, display, message placard, or other contrivance, or any part thereof, which has been designed to advertise, or to provide data or information in the nature of advertising, for any of the following purposes: 1) To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the Business Sign is located. 2) To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale upon the property where the Business Sign has been lawfully erected. D) Community Identification Sign. The term Community Identification Sign shall mean a Business Sign incorporating information referring exclusively to service clubs and/or community slogans. (Community Identification Signs are regulated by Section 8-87.6OB) SIGNS REQUIRING CONDITIONAL USE PERMITS) E) C-2-B-40 Directory Sign. The term C-2-B-40 Directory Sign shall mean a Business Sign located in a C-2-B-40 District which identifies the street _ address range of the businesses within the complex and serves to identify a business complex with no more than ten tenants. (C-2-B-40 Directory Signs are regulated by Section 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS) 2- 0183 F) Directional Tract Sign. Directional Tract Sign means a Temporary Sign containing only the name and location of a subdivision and/or a multiple family residential project and directions for reaching same. A Directional Tract Sign is a Principal Use for the purpose of Section 8-93.0. (Directional Tract Signs are regulated by Section 8-87.60A) SIGNS REQUIRING CONDITIONAL USE PERMITS) G) Directory Sign. The term Directory Sign shall mean a Business Sign located for the purpose of displaying the names of occupants engaged in professions or businesses on the premises. H) Freestanding Sign. The term Freestanding Sign shall mean a Business Sign supported by one or more uprights, braces, columns, poles, or other similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires. (Freestanding Signs are regulated by Sections 8-87.34 FREESTANDING SIGNS, 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS, and 8-87.30F) REGULATIONS GOVERNING SIZE AND STANDARDS, FREESTANDING SIGN - LANDSCAPING) I) Identification Sign. The term Identification Sign shall mean a sign, or device, for churches and auditoriums which serve exclusively to designate the name, or the name and use, of a public building, or multi-family residential use, or to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the District. (Identification Signs are regulated by Section 8-87.61A) SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS) fOrd. No. 6-87, January 19871 J) Illuminated Sign. An Illuminated Sign shall mean a Business Sign which uses a source of light in order to make the message readable, and shall include internally and externally lighted signs. K) Low Profile Sign. The term Low Profile Sign shall mean a Business Sign that serves to identify a business complex including the range of the businesses within the complex, and may also serve as a directory sign identifying tenants located in said complex. (Low Profile Signs are regulated by Section 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS) fOrd. No. 6-87. January 19871. L) Non-conforming Sign. The term Non-conforming Sign shall mean a sign lawful before the provisions of this Chapter, or of any relevant amendment hereto made effective, but which thereupon violates same. M) Office Building Master Identification Sign. The term Office Building Master Identification Sign shall mean a Business Sign that serves to identify an office building or any institutional use, and whose copy shall include only the name of the office building or institutional use and the street address range of the complex. N) Off-Site Advertising Sign. The term Off-Site Advertising Sign shall mean any lettered or pictorial matter or device which advertises or informs about a business organization or event, goods, products, services or uses, not available on the property upon which the sign is located and does not include Special Easement Signs, Directional Tract Signs or Community Identification Signs. 0) Open House Sign. The term Open House Sign shall mean a portable sign used in connection with the sale of real property. (Open House Signs are regulated by Section 8-87.5OT) PERMITTED SIGNS) P) Primary Building Frontage. The term Primary Building Frontage shall mean the width of the projection of a business building onto a single straight line chosen by the establishment, with concurrence from the Planning Director, to be the Primary Building Frontage and shall be normally parallel to a lot line or-street. A Primary Building Frontage line must lie in a roadway or public open space area such as a private street, an open plaza or square or an auto parking area. A business may have only one Primary Building Frontage. Any sign area accrued and authorized by a Primary Building Frontage may not be attached to any other building frontage. Q) Projecting Sign. The term Projecting Sign shall mean a Business Sign attached to a wall in such a manner that the face of the sign is not parallel to the wall to which it is attached. (Projecting signs are regulated by Section 8-87.33 WALL SIGNS AND PROJECTING SIGNS) R) Roof Line. The term Roof Line shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette. S) Secondary Building Frontage. The term Secondary Building Frontage shall mean the width of the projection of a business building onto a single straight line which is either perpendicular to or parallel to the Primary Building Frontage line. A Secondary Building Frontage line must lie in a roadway or public open space area such as a private street, an open plaza or square or an auto parking area. A business may have a maximum of two Secondary Building Frontages. Any sign area accrued and authorized by one Secondary Building Frontage may not be attached to any other building frontage. T) Service Station Sign Display Structure. The term Service Station Sign Display Structure shall mean an on-site identification Business Sign that serves to identify the name and general type of service station it adjoins. U) Service Station Price Sign. The term Service Station Price Sign shall mean a sign indicating gasoline prices and available services. (Service Station Price Signs are regulated by Section 8-87.5OK) PERMITTED SIGNS) V) Shopping Center Master Identification Sign. The term Shopping Center Master Identification Sign shall mean a Business Sign for shopping center identification for use by shopping centers with a minimum of ten separate tenants. [Ord. No. 6-87, January 1987] 0185 W) Special Easement Sign. The term Special Easement Sign shall mean a Business Sign.located off-site from the premises the sign has been designed to advertise where said premises is located on a parcel of land without direct access or frontage on an improved public right-of-way, and where the two premises involved are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded vehicular access easement. [Ord. No. 6-87, January 1987] X) Temporary Sign. The term Temporary Sign shall mean any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, plywood, wallboard, or other light materials, with or without frames, intended to-be displayed for a limited period of time only. Y) Time/Temperature Sign. The term Time/Temperature Sign, including an Electronic Readerboard, Business Bulletin Board, or other Changable Copy Sign, shall mean a Business Sign on which the copy is manually or electrically changed and which is intended primarily to promote items of general interest to the Community such as time, temperature and/or date. (Time/Temperature Signs are regulated by Section 8-87.60E) SIGNS REQUIRING CONDITIONAL USE PERMITS) [Ord. No. 6-87, January 1987) Z) Wall Sign. The term Wall Sign shall mean a Business Sign attached or erected against the building or structure, with the exposed face of the sign in a plane parallel to the plane of such building or structure. Sec. 8-87.20 GENERAL LIMITATIONS BY LAND USE DISTRICT. Sec. 8-87.21 A - AGRICULTURAL DISTRICT - SIGNS PERMITTED. When located in an A District, and subordinate to a lawful use, Business Signs not exceeding an aggregate area of twenty (20) square feet are permitted. Sec. 8-87,22 R-1, R-2 AND R-S DISTRICTS - SIGNS PERMITTED. A) The following types of signs are permitted in an R-1, R-2 or R-S District with a Conditional Use Permit as set forth in Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS: 1) Directional Tract Signs 2) Community Identification Signs 3) Identification Signs Sec. 8-87.23 PD - PLANNED DEVELOPMENT DISTRICT - SIGNS PERMITTED. Type, size, location and character of signs established in a PD District shall be as stipulated by the Zoning Ordinance establishing the PD District. Modifications to the adopted sign program may be considered by the Planning Director upon application of a Site Development Review pursuant to Section 8-95.0 SITE DEVELOPMENT REVIEW. Sec. 8-87.24 H-1, C-1, C-2 AND M-1 DISTRICTS - SIGNS PERMITTED. A) The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts: 1) Freestanding Signs 2) Projecting Signs 3) Wall Signs B) The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts with a Site Development Review as set forth in Section 8-95.0 SITE DEVELOPMENT REVIEW: 1) C-2-8-40 Directory Sign 2) Low Profile Signs 3) Office Building Master Identification Sign 4) Service Station Display Structures (in lieu of a Low Profile Sign) 5) Shopping Center Master Identification Sign C) The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts with a Conditional Use Permit as set forth in Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS: 1) Directional Tract Signs 2) Community Identification Signs 3) Temporary Promotional Signs - Sixty Day Time Frame 4) Freestanding Signs (in excess of 20' height) 5) Time/Temperature Signs 6) Special Easement Signs 7) Second Freestanding Sign [Ord. No. 18-88 September 1988] D) The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts with an Administrative Conditional Use Permit as set forth in Section 8-87.61 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS: 1) Identification Signs 2) Grand-opening Temporary Promotional Signs 3) Temporary Promotional Signs- Thirty Day Time Frame 4) Temporary off-site sale or lease signs E) The following types of signs are permitted in the C-1 and C-2 Districts with a Site Development Review as set forth in Section 8-95.0 SITE DEVELOPMENT REVIEW: 1) Office Building Master Identification Sign 2) Service Station Display Structures (where used in lieu of a Low Profile Sign) Sec. 8-87.25 C-0 DISTRICT - SIGNS PERMITTED. A) The following types of signs are permitted in the C-0 District: 1) Projecting Signs 2) Wall Signs B) The following types of signs are permitted in the C-0 District with a Site Development Review as set forth in Section 8-95.0 SITE DEVELOPMENT REVIEW: -6- 0187 1) Office Building Master Identification Sign C) The following types of signs are permitted in the C-0 District with a Conditional Use Permit as set forth in Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS: 1) Directional Tract Sign 2) Community Identification Sign 3) Temporary Promotional Signs - 60 Day Time Frame D) The following types of signs are permitted in the C-0 District with an Administrative Conditional Use Permit as set forth in Section 8-87.61 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS: 1) Identification Signs 2) Grand-Opening Temporary Promotional Signs 3) Temporary Promotional Signs - 30 Day Time Frame Sec. 8-87.26 C-N DISTRICT - SIGNS PERMITTED. A) The following types of signs are permitted in the C-N District: 1) Projecting Signs 2) Wall Signs B) The following types of signs are permitted in the C-N District with a Site Development Review as set forth in Section 8-95.0 SITE DEVELOPMENT REVIEW: 1) Service Station Display Structures 2) Shopping Center Master Identification Sign [Ord. No. 6-87, January 1987) C) The following types of signs are permitted in the C-N District with a Conditional Use Permit as set forth in Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS: 1) Directional Tract Signs 2) Community Identification Signs 3) Temporary Promotional Signs D) The following types of signs are permitted in the C-N District with an Administrative Conditional Use Permit as set forth in Section 8-87.61 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS: 1) Identification Signs 2) Grand-opening Temporary Promotional Signs 3) Temporary Promotional Signs - 30 Day Time Frame Sec. 8-87.30 REGULATIONS GOVERNING SIZE AND STANDARDS. A) AREA OF SIGNS. The area of signs shall be computed as the entire area within a single, continuous perimeter creating a polygon of not more than eight straight lines enclosing the extreme limits of the sign; provided that in the case of a sign with more than one exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any structure, or part of a structure, which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape or unusual architectural features shall be considered sign area and is subject to all pertinent regulations [Ord. No. 7-86, May 1986; Ord. No. 18-88, September 1988] B) AGGREGATE ALLOWABLE SIGN AREA. 1) The maximum allowable aggregate sign area shall equal the sum of the maximum sign area permitted for'-the primary and secondary frontages of a building or business tenant space, subject to the provisions of Section 8-87.33 WALL SIGNS AND PROJECTING SIGNS. 2) Placement or use of aggregate sign area may be divided between either wall and projecting signs and/or a freestanding sign (including alternate types of freestanding signs). 3) When aggregate sign area is divided between freestanding (including alternate types of freestanding signs), wall and projecting signs, the sign area square footage allocated to the freestanding sign and alternate type of freestanding sign shall be derived proportionally from the maximum allowable aggregate sign area for the primary and secondary frontages. 4) The aggregate allowable sign area shall be reduced proportionately for each tenant space (based upon primary and secondary frontages) when more than one tenant benefits from identification on a freestanding sign (i.e., freestanding sign specifically identifies tenant or sign identifies name of center in which tenant is located). 5) The sign area of "Permitted Signs" (Section 8-87.50) shall not be considered within the maximum allowable aggregate sign area. [Ord. No. 18-88, September 1988] C) CONSTRUCTION MATERIALS - GENERAL REQUIREMENTS. All permanent signs shall be constructed of wood, metal, plastic, glass, or like material as approved by the Planning Director. [Ord. No. 7-86, May 1986: Sec. 8- 87.31] piended by Ord. 18-88, sec. 2, pg. 258) D) ILLUMINATION. Illumination may be allowed on all signs upon the approval of the Planning Director, .unless otherwise set forth in this Chapter. Floodlighting used for the illumination of any sign shall be permitted only when such lighting is installed on private property and is hooded or shielded so that the light source is not visible from public streets, alleys, highways or adjoining properties. [Ord. No. 7- 86, May 1986: Sec. 8-87.36]Amended by Ord. 18-88, sec. 9, pg. 264 E) OBSTRUCTION OF TRAFFIC SIGNAL OR MOTORIST'S VISION. No sign may be located in a manner which may obstruct or interfere with the view of a traffic signal. No sign may be located within one hundred (100) feet of 8 0189 an intersection of a public street if the sign obstructs the vision of a motorist within the distance of one hundred (100) feet of the intersection. [Ord. No. 7-86, May 1986: Sec. 8-87.37] Amended by Ord. 18—S6. sec. 9. pg. 264 F) FREESTANDING SIGN - LANDSCAPING. A person who erects or maintains a Freestanding Sign shall landscape it in accordance with requirements prescribed by the reviewing body. The design of the landscaping program should be of sufficient width, length and height to protect the base of the sign from damage due to vehicular traffic and should reflect a material palette and design concept consistent with the structures it is intended to serve. The landscaping program should be of sufficient size to be effective without affecting the visibility of the sign. [Ord. No. 7-86, May 1986: Sec. 8-87.381Alnended by Ord. IS-SS. sec. Q. cc. 26d Sec. 8-87.33 WALL SIGNS AND PROJECTING SIGNS. Amended by Ord. IS-SS. sec. 5. pg. 259-261 A) Where used in absence of Freestanding Signs, the maximum dimensions of Wall Signs and Projecting Signs shall be as follows: 1) Primary Building Frontage a) Maximum Sign Height - 1'-9" for individual letters and 2' 0" where a sign can is utilized b) Maximum Sign Length - 60% of the business frontage, up to a maximum length of 24' c) Maximum Sign Area - 7.5 percent of the surface area of the building frontage available for signage (excludes sloping roof area) up to a maximum area of 42 square feet, except when a Sign Program covering the property has been adopted through a Site Development Review process, the standard of that adopted program shall apply. (See Section 8-87.30B) AGGREGATE ALLOWABLE SIGN AREA). d) Minimum Sign Area - In no case shall the sign area be limited to less than 21 square feet in area, except when a Sign Program covering the property has been adopted through a Site Development Review process the standard of the Sign Program shall apply. 2) Secondary Building Frontage(s) a) .Maximum Sign Height - l'-9" for individual letters and 2'-0" where a sign can is utilized. b) Maximum Sign Length - 10' maximum. c) Maximum Sign Area - 5 percent of the surface area of the building frontage available for signage (excludes sloping roof area) up to a maximum area of 17.7 square feet, except when a Sign Program covering the property has been adopted through a Site Development Review process, the standards of the Sign Program shall apply. (See Section 8-87.3OB) AGGREGATE ALLOWABLE SIGN AREA). d) Minimum Sign Area - In no case shall the sign area be limited to less than 17.5* square feet in area, except when a Sign Program covering the property has been adopted through a Site Development Review process the standard of the Sign Program shall apply. B) Exceptions to maximum height, length and area established for Primary and Secondary Frontage in Subsection A). 1) Primary Building Frontage a) Maximum Sign Height - May be increased subject to Site Development Review. b) Maximum Sign Length - May be increased subject to Site Development Review. c) Maximum Sign Area - May be increased to a maximum of 10% _ of the surface area of building frontage available for signage (excludes sloping roof area) subject to Site Development Review. 2) / ontage(s) ( _.- . ,�J ight - May be increased subject to Site Development Review b) Maximum Sign Length - May be increased subject to Site Development Review c) Maximum Sign Area - May be increased to a maximum of 7.5% of the surface area of building frontage available for signage (excludes sloping roof area) subject to Site Development Review [Ord. No. 18-88 September 1988] *Provision from City Council Ordinance No. 7-86, Ord. No. 18-88 indicated 21 square feet in error. Amended by Ord. 18-88. sec. 5. pg. 259-261 l0 0191 WALL OR PROJECTING SIGNS DEVELOPMENT PROVISIONS FORSign shall extend abpVe the C) GENERAL Projecting g the sign is Wall Sign or which 1) No part any elevation on goof-Line of the building the building face and displayed• parallel with except Wall Signst shall be e1 inches therefrom wall to which they 2) Attached Wall not more than inches from the Review pursuant shall project from 12 to 30 Development Signs projecting with Site De are permitted REVIEW. are attached SITE DEVELOPMENT R business. to Section 8-95.0 - for each Sign shall be permitted Only Projecting the front wall to which 3) one Proj from whi s shall not extend seven percent Projecting Sicngreater than(8)s feet, whichever is 4) are attached a distance they Frontage or the Business Building one-third less. within the middle which they are shall be located building to Projecting Signs wall of the business 5) (1/3) of the front of eight (8) feet above attached. alley, or Signs shall have a clearance a driveway. Projecting14)Nfeo et above sign shall project into a 6) Pr°7 fourteen the ground and accessway. other vehicular s shall public right-of-way. ight-of-way ns and Projecting SigT and Supporting for Wall architectural part of the building, ' members f 7) appearyrequired u e branacing sing be minimized. bracing shall any required ` sec. 5• 259-261 amended by Ord. 1S-8�' with an parcel Sec. - permitted persize located Sign shall b acres or greater int Control A) Only one Freestanding four (4) County F1pOd s shall be exception toor parcels of or the Alameda freestanding signs channelnt to Iwhi or case maximum of two (2) 'Permit ding p 5- adjacentin which a m� a Conditional U Use PERMITS [Ord. No. property. G) to approvalI °f CONDITIONAL permitted subjectSIGNS REQUIRING September 19881 Section Pry 1 0G) Ord. No. 18 87, January 1957'B) Freestanding Signs shall be subject to the following conditions: 1) Location permitted within the required a) No Freestanding Sign shall be p front, side or rear yard setback areas. Freestanding Signs shall be located in a planter of b) appropriateApl dimension. the middle s shall be located within Freestanding frontage when said Fr The c) All third t1/3)of he street of said street frontage' one-third twenty Sign is within -11- • .. Maximum Maximum Parcel Tenant Number Copy Height Area Frontage Restrictions Restrictions (Sa. Ft.) (Minimum) (Min./Max.) 1) Low Profile Sign 6' 24 none no standard As established by Site Development Review 2) Office Building 8' 50 100' no standard Name of Master Identifi- -- Complex cation Sign or institu- tional use 3) Service Station 8' - 32 none no standards Name/and Display Structure General Type 4) Shopping Center 25' 100 none 10 tenants min. Name of Master Identifi- Center cation Sign 5) C-2-8-40 8' 28-32 none 5 tenants min. Name of 3-10 Directory Sign - tenants, and of name of complex (optional) and address range H) Shopping Center Identification Signs shall be located at one or more of the main entrances in the shopping center. I) Service Station Display Structure Signs may be combined with permitted Service Station Price Signs (see Section 8-87.5OK) PERMITTED SIGNS). The maximum sign areas for the combined sign (Service Station Display Structure and Service Station Price Sign) shall not exceed 64 square feet or 80 square feet when a four fuel product or greater price sign is combined with the Service Station Display Structure. [Ord. No. 18-88, September 1988] J) Alternate types of freestanding signs shall be subject to the provisions of Section 8-87.3OB) REGULATIONS GOVERNING SIZE AND STANDARDS AGGREGATE ALLOWABLE SIGN AREA. [Ord. No. 18-88, September 1988] -14- 0195 n .••. Sec. 8-87.39 SIGNS LOCATED ON NONCONFORMING BUILDINGS WITHIN A REQUIRED YARD. Signs shall be permitted on non-conforming buildings located wholly or partially within required yard setback (Ord. No. 7-86, May 1986; Ord. No. 18-88, September 19881 Sec. 8-87.40 PROHIBITED SIGNS. The following signs are prohibited: A) Any sign having blinking, flashing or fluttering lights, or any other illuminating device which has a changing light intensity, brightness or color. B) Any sign which rotates, moves, or contains moving parts or depicts animation in any manner. _ C) Pennants, banners, balloons, flags and other similar types of devices which consist of any material made in any shape, which fastened together or placed in a manner as to move by wind pressure, except as approved in conjunction with approved signage for grand opening or temporary promotional events pursuant to Section 8-87.60C) SIGNS REQUIRING CONDITIONAL USE PERMIT, Section 8-87.61B) SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS and Section 8-94.0 CONDITIONAL USES. D) Portable on-site signs including Sandwich Board type and A-Frame signs. E) Any sign affixed to any vehicle or trailer located on a right-of-way or private property, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the sole purpose of attracting people to a place of business. F) Paper, cloth, or other temporary-type signs, except as approved in conjunction with approved signage for grand opening or temporary promotional events pursuant to Section 8-87.60C) SIGNS REQUIRING CONDITIONAL USE PERMITS, Section 8-87.61B) and C) SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS and Section 8-94.0 CONDITIONAL USES. G) Off-site advertising signs. H) Signs using colors that contain reflective properties. I) Searchlights, cold-air balloons and similar advertising devices, except as approved in conjunction with approved signage for grand opening or temporary promotional events pursuant to Section 8-87.60C) SIGNS REQUIRING CONDITIONAL USE PERMITS, Section 8-87.61B) and C) SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS, and Section 8-94.0 CONDITIONAL USES. J) Any sign designed for emitting sound, odor or visible matter. K) Any sign containing any obscene matter. L) Any illuminated sign designed or located so as to be confused with or to resemble any warning traffic control device. -15- • M) Any signs illuminated in such a manner that the direct, or reflected light, from the primary light source(s) creates a traffic hazard to operators of motor vehicles. N) Statuary when used for advertising purposes. 0) Any sign mounted on a sloping roof with visible support brackets or any sign which extends above the roof ridgeline or parapet. Sec. 8-87.50 PERMITTED SIGNS. The following signs are permitted in any district and may be located in required yards, other sign or yard regulations notwithstanding, and need not be included in any computation of permitted aggregate sign area: A) Official public signs or notices or any temporary notice posted by a public agency or official, or by a person giving legal notice. B) House numbers, name plate or identification of house members (provided sign is non-illuminated and does not exceed two (2) square feet maximum area), mail box identification, street names, "no-trespass" signs, and other warning signs. C) Memorial tablets or signs identifying a benefactor, a location of historical interest, or a statue or monument. D) Pedestrian signs, such as shingle signs, which are oriented towards pedestrian traffic and serve to identify and indicate pertinent facts concerning a business or professional service lawfully conducted on the same premise; subject to the following provisions. 1) must be suspended from a canopy over a sidewalk which is directly in front of the door of the business thereby identified; 2) must be perpendicular to the business building wall; 3) must not be more than ten (10) square feet in area if double- - faced, five (5) square feet in area if single-faced; 4) ;..-- must provide a minimum of eight (8) foot clearance when located above a sidewalk; and • 5) -are limited to one (1) per business per building elevation; E) Signs displayed for the direction, warning or safety of the public, including pedestrian and vehicular traffic, with eight (8) square feet maximum sign area per sign, except pavement markings which are not so restricted as to maximum area; F) Temporary political signs, where such sign is placed on private property for the sole purpose of advocating the election of a declared candidate for public office, or relating to an election proposition on the ballot of sixteen (16) square feet maximum area per individual sign and eighty (80) square feet of maximum aggregate area per lot; -16- 0197 G) Non-illuminated temporary sale or lease signs which are to be intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure, or establishment on which the sign is located; provided that such signs shall not exceed a maximum area of twenty-four (24) square feet; and provided further that two (2) signs per parcel be allowed and only one (1) such sign may be placed for each one hundred (100) feet of street frontage; H) Subdivision sale, rent or lease signs to advertise the original sale, rent or lease of buildings or lots in conjunction with a subdivision development with a maximum area of thirty-two (32) square feet plus one additional sign of like dimension for each thirty-five (35) lots or buildings for sale, rent or lease. -Signs shall not exceed a maximum height of twelve (12) feet, shall not be illuminated and shall observe the yard limits of the District the sign is located within; I) A bulletin board used to display announcements pertaining to an on-site church, school, community center, park, hospital, and/or public or institutional building, twenty four (24) square feet maximum area, and subject to the yard and height limits of the district the sign is located within; J) A tenant directory or other exclusively informational listing of tenant names not to exceed a maximum area of twelve (12) square feet, attached to the wall at the entrance of a building; K) Service Station Price Signs indicating gasoline prices and available services when accessory to an existing service station. 1) One (1) price sign is permitted along each street frontage to a maximum of two (2) price signs. 2) Each price sign may have a maximum single-faced area of sixteen (16) square feet or twenty-four (24) square feet for service stations offering four (4) or more fuel products, or a maximum double-faced area of thirty-two (32) square feet or forty-eight (48) square feet for service stations offering four (4) or more fuel products. 3) The maximum sign height shall not exceed six (6) feet. 4) A price sign may be attached to, combined with and made part of a Service Station Display Structure Sign pursuant to Section 8-87.35H) ALTERNATE TYPES OF FREESTANDING SIGNS. [Ord. No. 7-86, May 1986; Ord. No. 6-87, January 1987; Ord. No. 18-88, September 1988] L) Signs located inside a building or structure, provided any such sign is neither attached to windows with its sign copy visible from the outside nor otherwise so located inside so as to be conspicuously visible and readable, without intentional and deliberate effort, from outside the building or structure, provided however that any sign, or signs, which in the aggregate have an area not exceeding 25% of the window area from which they are viewed are also permitted and need not be included with the computation of permitted aggregate sign area. -17- /1 M) The flag, pennant, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization. N) Signs required to be maintained by law or governmental order, rule or regulation. 0) Murals or other artistic paintings on walls, provided no logos, emblems or other similar devices, sign copy or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting. P) Holiday decorations commonly associated with any national, local or religious holiday. Q) Signs which are within a private recreational use and which cannot be seen from a public street or adjacent properties. R) Signs, with a maximum height of eight (8) feet and a maximum area of twenty-four (24) square feet, denoting the architect, engineer, contractor, or lending agency when placed on work under construction. S) Open-house signs used in connection with the sale of real property subject to the following special provisions: 1) A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall be located outside.the public right-of-way (which includes, but is not limited to, the sidewalk) located adjacent to.property lines. Proper authorization by the affected private property owner, shall be secured prior to placement of signs. Such signage shall be located in such a manner that it does not disrupt the normal flow of vehicle or pedestrian traffic and does not block views of such traffic. Signing is prohibited in the center divider strip and/or traffic islands of public streets. Such signing is not to be adhered or attached to any public sign post, traffic signal or utility pole. 2) Only one of the signs utilized for each respective open-house properties shall be located along a major City arterial. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed four (4) feet above grade; 3) Open-house signs shall be permitted only during the weekend period from 10:00 a.m. Friday through sunset on Sunday evening, and Tuesdays from 10:00 a.m. to 1:00 p.m. Such signing is not to be adhered or attached to any public sign post, traffic signal or utility pole; 4) The City shall be authorized to assess all necessary costs for the — time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. -18- 0199 Sec. 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS. The following type of signs may be located in required yards, if a Conditional Use Permit is granted in accordance with Section 8-94.0 CONDITIONAL USES: (Amended 8-87.60 (Ord. 6-92. sec. 13 = p. 239) A) Directional Tract Sign, in any district, sixty-four (64) square feet maximum area for double-faced signage and thirty-two (32) square feet maximum area for single-faced signage; twelve (12) feet maximum height, shall not be illuminated, and shall not be located within six hundred . sixty (660) feet of an interstate freeway. The size of the sign used need not be included as part of the aggregate sign area permitted on the property. [Ord. No. 7-86, May 1986; Ord. No. 18-88, September 1988) B) Community Identification Sign, one-hundred twenty (120) square feet maximum area, twenty (20) feet maximum height, shall be located within one thousand (1,000) feet of the City's corporation boundary. Sign . illumination shall not be intermittent and sign copy shall be limited to: 1) the name of the community; 2) information relating to the service clubs active in the area; 3) community slogans or mottos; or 4) . directional information. C) Temporary Promotional Signs - Sixty Day (60) Time Frame (banners, pennants, flags, balloons,• searchlights and similiar advertising devices), when used for special promotional events, for periods that cumulatively do not exceed a maximum of sixty (60) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. D) Freestanding Signs in excess of twenty (20) foot height, located on parcels, or collections of parcels under common ownership and use, four (4) acres or greater in size, or single-use parcels one and one-half (1-1/2) acres or greater in size, with the maximum allowable height being between twenty (20) and thirty-five (35) feet and with the proposed size (area and height) determined through the dimensional criteria of Section 8-87.34 FREESTANDING SIGNS and the Conditional Use Permit review process. E) Time/Temperature Signs, including Electronic Readerboards, Business Bulletin Boards, and other Changable Copy Signs on which the copy is manually or electrically changed, when used to promote items of general interest to the community such as time, temperature, and/or date. [Ord. No. 6-87, January 1987] F) Special Easement Signs, used as part of the permanent signage to designate, identify, or indicate the name(s) or business(es) of the owner or occupant of a premises in the immediate vicinity of the parcel upon which the sign is located. The premises said sign is designed to advertise must be located on a parcel of land without direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular roadway which is subject to a -19 • non-revocable, non-exclusive recorded access easement. Said signs may also be utilized to advertise the business(es) conducted, service(s) available or rendered, or the goods procured, sold, or available for sale upon the referenced nearby premises. [Ord. No. 6-87, January 1987] G) Two (2) freestanding signs on parcels of four (4) acres or greater in size located adjacent to I-580 or I-680 or the Flood Control Channel. Said freestanding signs shall be located on separate frontages. For the purpose of determining the location, height and sign area of the second freestanding sign, the Alameda County Flood Control channel property line adjacent to the freeway shall be deemed to be the property line for measuring. The second freestanding sign shall be subject to the following provisions: _ ' 1) No second freestanding signs shall be permitted within the required front, side or rear yard setback areas. 2) All second freestanding signs shall be located in a planter of appropriate dimensions. 3) In no case shall a second freestanding sign be located within fifty (50) feet of the interstate freeway right-of-way. 4) No freestanding sign shall project within a public right-of-way. (Ord. No. 6-87, January 1987; Ord. No. 18-88, September 1988] Sec. 8-87.61 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS. The following types of signs may be located in required yards if an Administrative Conditional'Use Permit is granted in accordance with Sections 8-60.60.1 to 8-60.60.2. (Amended 8-87.61 (sec. 14. Ord. 6-92 = pg. 241) A) One Identification Sign per parcel in any district, when used to designate the name, or the name and use, of a multi-family residential use, public building, to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the district. Identification Signs shall not exceed a maximum area of 24 square feet, unless a greater area is approved through the Administrative Conditional Use Permit process. =The height of Identification Signs shall be as set forth in Section 8-60.55 HEIGHT LIMITATIONS. [Ord. 6-87, January 1987] (Amended by Ord. 78-88) (ZONING CLEARANCE ITEM) B) Grand-Opening Temporary Promotional Signs (banners, pennants, flags, balloons, searchlights and similar advertising devices) in any district other than the Agricultural or Residential Districts when used for bona-fide grand opening functions within sixty (60) days of a business' initial occupancy and for a period not in excess of thirty (30) days. (ZONING CLEARANCE,ITEM) C) Temporary Promotional Signs - Thirty (30) Day Time Frame (banners, pennants, flags, balloons, searchlights and similar advertising devices) when used for special promotional events for periods that cumulatively do not exceed a maximum of thirty (30) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. • (ZONING CLEARANCE ITEM) -20- 0201 • D) Temporary Off-site Sale or Lease Signs which are intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure or establishment of a premises in the immediate vicinity of the premises upon which the sign is located, where said premises is located on a parcel of land without direct access or frontage on an improved public right-of-way, and where said properties are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded access easement. [Ord. No. 6-87, January 1987] Sec. 8-87.62 PERMIT PROCEDURE. Sec. 8-87.63 COMPLIANCE - SIGN PERMIT APPLICATION REQUIRED. With the exception of Permitted Signs as specified in Section 8-87.50 of this Chapter, no person shall place or erect a sign in the City of Dublin without first having obtained approval of a Sign Permit Application from the Director of Planning, except that it shall not be necessary to obtain a Sign Permit for routine maintenance or minor repairs or for repainting or changing of painted or printed copy on an existing sign on which periodic change is customary. This Chapter does not repeal or supersede a provision of law requiring a building permit for the erection of a sign. Any sign requiring building permits shall not be used until such time as a final inspection is made. Sec. 8-87.64 APPLICATION - CONTENTS. Application for a Sign Permit shall be made in writing upon forms furnished by the Planning Department and shall be accompanied with the following information: A) Site plan, fully dimensioned showing the location, setbacks and dimensions of all existing structures, existing signs, and proposed signs on the entire parcel; - B) Fully dimensioned building elevation(s) showing sizes and locations of all existing and proposed wall signs (minimum scale 1/8" — 1'-0"); C) Fully dimensioned section drawing(s) indicating horizontal clearance between proposed freestanding sign(s) and the curb line and projection of any proposed wall sign(s) and projecting sign(s) from adjoining building face(s); - D) Detailed drawings of all proposed signs indicating the type of letter, color scheme, cabinet colors and material.specifications (minimum scale 1/4" — 1'0"); E) A sign inventory including type, description, size, height and location of all existing and proposed signs; F) The client or property owner's name, address and telephone number; G) The sign erector's name, address and telephone number; -21- H) Structural and electrical plans as required by the Building Code; I) Total cost of sign construction and erection; and J) A non-refundable fee for each Sign Permit, based on the current City of Dublin Planning Department Fee Schedule. Sec. 8-87.65 APPLICATION - APPROVAL. A) The Planning Director shall approve a Sign Permit Application if he finds that: 1) the sign and/or proposed location are not prohibited under Section 8-87.40 PROHIBITED SIGNS; 2) the sign is permitted under a specified section of this Chapter or under a Variance granted pursuant to Section 8-87.67 VARIANCE PROCEDURES or a Conditional Use Permit granted pursuant to Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS or an Admini- strative Conditional Use Permit granted pursuant to Section 8-87.61 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS; 3) the sign is compatible in character and quality of design with the exterior architecture of the premises and other structures in the immediate area; 4) the sign will not materially reduce the visibility-.of existing conforming signs in the area; and 5) the sign, as proposed or modified, conforms to the Design Criteria specified in Section 8-87.66 DESIGN CRITERIA. B) Applications for Sign Permits shall be subject to the same regulations, review, procedures, and appeal process as set forth in Sections 8-95.0 through 8-95.8 for Site Devlopment Review. Sec. 8-87.66 DESIGN CRITERIA. A) The Planning Director shall consider the following factors in the review of each proposed sign: 1) Visibility and legibility (letter height and legibility, contrast-background relationship, placement and location); 2) Impact of other immediate signs in terms of visibility and legibility; 3) Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, curb cuts, or driveway indentations, medians, proximity of major intersections, signals or stops, average traveling speed any other natural or physical obstruction; and -22- 0203 4) Night-time use considerations including intensity of illumination (of sign being reviewed, of other immediate signs and of other light sources such as street lights or canopy lights), competition and interference of light sources and intrusion of light into residential areas. B) Each proposed sign shall be reviewed for conformity to the following criteria: 1) The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surroundings shall be maintained; 2) To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design; 3) All light sources shall be adequately diffused or shielded; 4) The sign's supporting structure shall be as small in density and as simple as is structurally safe; 5) Multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically; 6) Plastic-faced signs with white internally illuminated backgrounds are not permitted except pursuant to Site Development Review; 7) Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant to Site Development Review; Sec. 8-87.67 VARIANCE PROCEDURE. A) When practical difficulty, unnecessary hardship, or a result which is inconsistent with the purpose and intent of this Chapter occurs from the strict application of this Chapter, the Planning Director may grant a Variance from the strict application of the standards pertaining to size, height, and/or location of signs regulated by this Chapter in the manner prescribed by this section. No Variance may be granted from the number of Freestanding Signs allowed. B) The Zoning Administrator may grant a Variance only if he finds that all of the following conditions exist pursuant to Section 8-93.0 VARIANCE: 1) That there are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification; 2) That the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; and -23 n 3) That the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. [Ord. No. 18-88, September 1988) C) The grant of a Variance shall specify the factual basis for each required finding. D) If the Zoning Administrator does not find that all of the conditions and standards set forth in Subsection B) of this Section exist, then he shall deny the application. E) The procedure for application, notice and hearing, for grant or denial, appeal and for administration of a Variance shall be as set forth in Sections 8-93.0 through 8-93.4 VARIANCE. Sec. 8-87.70 NON-CONFORMING AND ILLEGAL SIGNS. Sec. 8-87.71 NONCONFORMING SIGNS. A) All Signs, Name Plates, and their supporting members that did not comply with all provisions of this Chapter as of May 10, 1969, shall be brought into compliance with the provisions of this Chapter within the time limits set forth in this Section: Change required to bring sign into compliance: Conformance Date: May 10, 1969, plus 1) Alteration of lighting or movement one year; 2) Size or height reduction three years; 3) Removal of an Advertising Sign where not permitted one year; Change required to bring sign into compliance: Conformance Date: • May 10, 1969, plus 4) Relocation on same Building Site two years; 5) Removal of a freestanding Business Sign three years; 6) Removal of sign painted on wall five years; provided, however, that any sign nonconforming in more than one respect shall be brought into compliance with the time limit of the greatest duration. B) All signs, Name Plates and their supporting members that were rendered nonconforming by Ordinance No. 74-1, effective February 8, 1974, and Ordinance No. 75-80, effective August 9, 1976, shall be brought into compliance with the provision of this Chapter on or prior to February 8, 1977. C) All signs and their supporting members that were rendered nonconforming by enactment of this ordinance, including signs previously approved through a Variance and/or Conditional Use Permit process, shall be brought into compliance with the provisions of this Chapter on or prior to three (3) years from the effective date of this ordinance. All signs and their supporting members that are rendered nonconforming by -24- G205 amendments to this Chapter enacted subsequent to the effective date hereof shall be brought into compliance with the provisions of this Chapter within three years of the effective date of any such amendments. Sec. 8-87.72 SIGNS ACCESSORY TO NONCONFORMING BUSINESS. Signs and supporting members which are necessary to a business or industry existing as a nonconforming use in any A or R District are permitted subject to the sign regulations contained in Section C-N. Sec. 8-87.73 NON-COMPLIANCE - REMOVAL OR MODIFICATION PROCEDURE. The owner of a non-conforming sign which is in place at a permanent location which does not comply with this Chapter shall remove or modify the sign to meet this Chapter in accordance with the following procedures: A) The City shall give the owner at least three (3) months' notification by certified mail of the nature of the non-compliance. Following such notification; the owner of the sign shall remove the sign or shall modify it so that it complies with this Chapter. B) Prior to the time a sign becomes non-conforming, the owner may apply for an extension of time within which the sign must be removed or modified. C) The application shall be made to the City on a form prescribed by it and shall include the name and address of the sign owner, the land owner, the type of sign, the'date erected, the cost of construction, revenue derived, a detailed statement of reasons for the request for an extension, and the length of time for which the extension is being requested. D) The Planning Director shall consider arguments for and against the grant of an extension and shall consider among other things: 1) the economic hardship upon the sign owner and land owner, taking into consideration the investment cost, the revenue derived, the estimated life of the sign; and 2) the interest and status of the sign owner or user on the property, and any immediate changes in the use of the property. E) If the Planning Director finds that, upon the basis of the evidence presented, circumstances warrant it, he may grant an extension of time within which the sign must be removed, not exceeding a total of three (3) years from the date the sign became non-conforming. Sec. 8-87.74 ILLEGAL SIGNS SUBJECT TO SUMMARY REMOVAL. Signs and their supporting members which meet any of the following criteria shall be considered illegal signs and shall be subject to summary removal: A) Any signs and their supporting members erected without first complying with all ordinances and regulations in effect at the time of their construction, erection or use. 1 B) Any signs and their supporting members which were lawfully erected, but whose use has ceased, or the structure upon which the signs are attached have been abandoned by their owner, for a period of not less than ninety (90) days. C) Any signs and their supporting members which have been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and the sign displays are not repaired within thirty (30) days of the date of their destruction. D) Any signs and their supporting members whose owners, outside of a change of copy, request permission to remodel and remodels those sign displays, or expands or enlarges the buildings or land uses upon which the sign displays are located, and the sign displays are affected by the construction, enlargement or remodeling, or the cost of construction, enlargement, or remodeling of the sign displays exceeds fifty percent (50%) of the cost of reconstruction of the building. E) Any signs and their supporting members whose owner seeks relocation I thereof and relocates the sign disnlays. (Amnded by Ord. 4-80. sec. 1. page 228) F) Any signs and their supporting members for which there has been an agreement between the sign display owners and the City for their removal as of any given date and said signs have not been removed by said date. G) Any signs and their supporting members which are temporary.: H) Any signs and their supporting members which are or may become a danger to the public or are unsafe. I) Any signs and their supporting members which constitute a traffic hazard not created by relocation of streets or highways or by acts by the City. Sec. 8-87.80 ENFORCEMENT. Sec. 8-87.81 COMYLIANCE - DECISION OF REVIEWING BODY. No building permit may be issued for a sign until the decision of the reviewing body approving the application is final. Each sign shall be constructed and maintained in accordance with the terms and conditions of approval. Sec. 8-87.82 MAINTENANCE - REQUIRED. Each sign shall be maintained in a secure and safe condition. If the City is of the opinion that a sign is not secure, safe, or in a good state of repair, it shall give written notice of this fact to the person responsible for the maintenance of the sign. If the defect in the sign is not corrected within the time permitted by the City, the City may revoke the permit to maintain the sign and may remove the sign in the manner provided in Section 8-87.85 MEANS OF REMOVAL OF ILLEGAL AND/OR NONCONFORMING SIGNS. Sec. 8-87.83 ILLEGAL SIGNS - SUMMARY REMOVAL. Illegal signs may be removed in the following manner: -26- 0207 A) The Planning Director shall give written notice to the owner of the premises as shown in the last equalized assessment roll, or as known to him, and to each person other than the owner who appears to be in possession or control of the premises. The notice shall be by certified mail addressed to the premises where the violation exists and to the property owner at the address shown on the last equalized assessment roll. The notice shall contain the following: 1) a general description of the sign which is allegedly in violation; 2) a copy of the Section of this Chapter which is being violated; and 3) a notice of time and place at which time the owner or the person responsible may appear and present evidence as to the absence of a violation. B) The Planning Director shall hold a hearing at the time and place set forth in the notice. At the hearing either the owner or the occupant of the premises, or both, may appear and be heard. C) If, at the conclusion of the hearing, the Planning Director_finds that a violation of the Sign Ordinance is continuing to exist, then the Zoning Administrator may order the sign to be summarily removed within a specified number of days. The Zoning Administrator shall give notice that if the sign is not removed by the end of the period specified, the City will remove it in accordance with Section 8-87.86 VIOLATION- NUISANCE-ABATEMENT.' D) Each person who erects a sign which is subject to removal under this section is jointly and severally liable for the cost of removal. E) The City may dispose of the sign sixty (60) days after removal by giving the owner notice that the owner may redeem the sign by paying the cost of removal, or if he fails to do so, the City will dispose of the sign as it sees fit without further liability to the owner for this action. Sec. 8-87.85 MEANS OF REMOVAL OF ILLEGAL AND/OR NONCONFORMING SIGNS. Unless some other method of removal is approved by the Building Official in writing, the removal of illegal and/or nonconforming of signs shall be accomplished in the following manner: A) Signs painted on buildings, walls, or fences shall be abated by the removal of the paint constituting the sign or by painting over it in such a way that the sign shall not thereafter be visible. B) Other signs shall be abated by the removal of the sign, including its supporting members. Sec. 8-87.86 VIOLATION-NUISANCE-ABATEMENT. A sign erected or maintained in violation of this Chapter is a public nuisance, and the City Attorney shall, upon order of the.City Council, commence an action for the abatement thereof in the manner provided by law. The City may take proceedings for the abatement of the nuisance and make the cost of abatement a lien and a special assessment against the property in accordance with Government Code Section 38773, 38773.5. In addition, the cost of abatement shall be a personal obligation of the property owner. • Oct. 0 8- . not more than guilty of a misdemeanor and upon conviction sh •one thousand dollars ($1,000. risoned in jail for not more than six (6) mont of such fine and imprisonment. Each day a Repealed 8-87.87 (Ord. 6-89 = p. 227) Sec. 8-87.90 AMENDMENT AND REPEAL, SEVERABILITY. Sec. 8-87.91 AMENDMENT AND REPEAL. - A) The following provisions of Chapter 2 of Title 8 of the Dublin Ordinance Code regarding signs are repealed; 8-20.101 Directional Tract Sign, 8- 22.9 Sign, Advertising, 8-22.9.1 Sign, Apartment Rental, 8-22.10 Sign, Business, 8-22.10.1 Sign, Community Identification, 8-22.10.2 Sign, Directional Tract, 8-22.10.3 Sign, Freestanding, 8-22.11 Sign, Identification, 8-22.11.1 Sign, Pedestrian, 8-22.11.2 Sign, Political, 8-22.11.3 Sign, Projecting, 8-22.12 Sign, Sale or Lease, 8-22.12.1 Sign. Subdivision Sale, Rent or Lease, 8-22.12.2 Sign, Service Station Price, 8-22.12.3 Sign, Shopping Center Master Identification, 8-22.12.4 Sign, Wall, 8-22.12.5,. Sign Wind, 8-22.12.6 Sign, Area, 8-25.4(e) Accessory Uses: A Districts - Accessory Business Signs, 8-25.7-Signs: A Districts, 8-30.10(a) Other Regulations: R-4 Districts - Identification Sign. 8- 45.8 Signs: H-i Districts, 8-46.7 Signs: C-0 Districts, 8-46.7.1 Office Building Master Identification Sign: C-0 Districts, 8-47.5 Signs: C-N - Districts, 8-47.5.1 Service Station Sign Display Structure: C-N Districts, 8-48.2(r) Conditional Uses: C-1 Districts-Advertising Signs, 8-48.8.1 Business Signs: C-1 Districts, 8-48.8.2 Low Profile Signs: C-1 Districts, 8-48.8.3 Shopping Center Master Identification Sign(s): C-1 'Districts, 8-48.8.4 Office Building Master Identification Signs: C-1 Districts, "8-48.8.5 Service Station Sign Display Structure: C-i - Districts, 8-49.2(j) Conditional Uses: C-2 Districts —Advertising Sign, 8-49.6.1 Business Signs: C-2 Districts, 8-49.6.2 Low Profile Sign: C-2 .Districts, 8-49.6.3-Shopping Center Master Identification Sign(s): C-2 Districts, 8-49.6.4 Office Building Master Identification Sign: C-2 Districts, 8-49.6.5 Service Station Display Structure: C-2 Districts, 8-50.8 Signs: M-P Districts, 8-51.3(i) Conditional Uses: M-1 Districts - Advertising Sign, 8-51.9 Business Signs, Low Profile Sign, Service Station and Sign Display Structure: M-1 Districts, 8-52.2(b) Conditional ' Uses: M-2 Districts-Advertising Sign, 8-52.9 Business Signs, Low Profile Sign, Service Station and Sign Display Structure: M-2 Districts, 8-60.61 Signs, 8-60.65 Signs Permitted, 8-60.65.1 Signs, Conditional Uses, 8- 60.65.2 Abatement of Signs Relating to Inoperative Functions, 8-60.66 Signs Prohibited, 8-60.67 Advertising Signs Adjacent to Scenic Routes, 8-62.10 Nonconforming Signs, 8-62.11 Nonconforming Signs, 8-62.12 Signs Accessory to Nonconforming Business or Industry, 8-62.13 Signs Accessory to a Building Located Within a Reauired Yard. Sec. 8-87.92 SEVERABILITY. If any Section, Subsection, Sentence, Clause, or Phrase of this Chapter is held to be invalid or unconstitutional, such decision does not affect the validity of the remaining portions of the -28- 0209 Chapter. The City Council declares that it would have passed this Chapter, each Section, Subsection, Clause or Phrase thereof, irrespective of the fact that any one or more other Sections, Subsections, Clauses or Phrases may be declared invalid or unconstitutional. Section 2 Repeal: The following provisions of Chapter 2 of Title 8 of the Dublin Ordinance Code regarding signs are repealed; 8-20.101 Directional Tract Sign, 8- 22.9 Sign, Advertising, 8-22.9.1 Sign. Apartment Rental, 8-22.10 Sign, Business, 8-22.10.1 Sign, Community Identification, 8-22.10.2 Sign, Directional Tract, 8-22.10.3 Sign, -Freestanding, 8-22.11 Sign, Identification, 8-22.11.1 Sign, Pedestrian, 8-22.11.2 Sign, Political, 8-22.11.3 Sign, Projecting, 8-22.12 Sign, Sale or Lease, 8-22.12.1 Sign, Subdivision Sale, Rent or Lease, 8-22.12.2 Sign, Service Station Price, 8-22.12.3 Sign, Shopping Center Master Identification, 8-22.12.4 Sign, Wall, 8-22.12.5, Sign Wind, 8-22.12.6 Sign, Area, 8-25.4(e) Accessory Uses: A Districts - Accessory Business Signs, 8-25.7 Signs: A Districts, 8-30.10(a) Other Regulations: R-4 Districts - Identification Sign, 8- 45.8 Signs: H-1 Districts, 8-46.7 Signs: C-0 Districts, 8-46.7.1 Office Building Master Identification Sign: C-0 Districts, 8-47.5 Signs: C-N Districts, 8-47.5.1 Service Station Sign Display Structure: C-N Districts, 8-48.2(r) Conditional Uses: C-1 Districts-Advertising Signs, 8-48.8.1 Business Signs: C-1 Districts, 8-48.8.2 Low Profile Signs: C-1 Districts, 8-48.8.3 Shopping Center Master Identification Sign(s): C-1 Districts, 8-48.8.4 Office Building Master Identification Signs: C-1 Districts, 8-48.8.5 Service Station Sign Display Structure: C-1 Districts, 8-49.2(j) Conditional Uses: C-2 Districts - Advertising Sign, 8-49.6.1 Business Signs: C-2 Districts, 8-49.6.2 Low Profile Sign: C-2 Districts, 8-49.6.3 Shopping Center Master Identification Sign(s): C-2 Districts, 8-49.6.4 Office Building Master Identification Sign: C-2 Districts, 8-49.6.5 Service Station Display Structure: C-2 Districts, 8-50.8 Signs: M-P Districts, 8-51.3(i) Conditional Uses: M-1 Districts - Advertising Sign, 8-51.9 Business Signs, Low Profile Sign, Service Station and Sign Display Structure: M-1 Districts, 8-52.2(b) Conditional Uses: M-2 Districts-Advertising Sign, 8-52.9 Business Signs, Low Profile Sign, Service Station and Sign Display Structure: M-2 Districts, 8-60.61 Signs, 8-60.65 Signs Permitted, 8-60.65.1 Signs, Conditional Uses, 8- 60.65.2 Abatement of Signs Relating to Inoperative Functions, 8-60.66 Signs Prohibited, 8-60.67 Advertising Signs Adjacent to Scenic Routes, 8-62.10 Nonconforming Signs, 8-62.11 Nonconforming Signs, 8-62.12 Signs Accessory to Nonconforming Business or Industry, 8-62.13 Signs Accessory to a Building Located Within a Required Yard. Section 3 Effective Date and Posting of Ordinance: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of the State of California. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 12th day of May, 1986, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -30- 0211 ( ' ORDINANCE NO. 05 - 84 AN ORDINANCE OF THE CITY OF DUBLIN R ING TO SECOND UNITS IN R-1 DISTRICT The City Council of the City of • blin does ordain as follows: Section 1. Definition: Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of D.blin is amended by the addition of Section 8-22.6.1 to r--d: 8-22.6.1 Second Unit: A -econd unit shall mean a unit with separate kitchen, sl-eping, and bathroom facilities which is a part of,-or • extension to, a detached single family unit, an. which is subordinate to the principal dwelling un' . Sec ion 2. Locatio . • apter 2 of Ti. e 8 of the Alameda County Ordinance Code p_-viously adopted by the City of Dublin is amended by the add ion of s .section (f) to Section 8-26.3 Conditional • Uses: R- Distri s to read: (f) unit as governed by Section 8-60.56.1. Section 3. Purpose and Property Development Standards: Cha. er 2 o Title 8 of the Alameda County Ordinance Code pr= iously adopted by the City of Dublin is amended by the ad. Lion of Section 8-60.58.1 to read: 8-60.58.1 Pu .se of Second Units: The purpose of allowing second .nits in R-1 Districts is to provide the opportunity for t e development of small rental housing units designed to eet the special housing needs of individuals and tam, ies, particularly those of low and moderate income. It is the further purpo a of this Section to: 1) allow the more effic -nt use of the City's existing housing stock and underdev- oped residential properties; 2) to provide rental housin• units for persons who are elderly or disabled; 3) to protect property values a " the single family character of the neighborhood; and, 4) to provide adequate public servi -s and traffic flow, by insuring that second units are 'nstalled under such additional conditions as may be app .priate to further the purposes of this ordinance. Prior to making a decision on an application, consideration shall be given to traffic impact, utility capacity, access and mobility for handicapped o disabled persons, impact on adjacent neighbors, a. impact on the neighborhood. ' In addition to those conditions deemed appropriate by thePlanning Commission to protect the public health, safety and welfare, second units shall meet the following minimum cirteria: ORDINANCE NO. 6 -89 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE BY DELETING SEs ION 8-87.87 OF THE ALAMEDA COUNTY ORDINANCE CODE AS ADOPF,D AND AMENDED BY THE CITY OF DUBLIN The City Council of the City of Dublin, does ordain as follows: Section 1: Section 8-87.87 of the A =meda County Ordinance Co a as adopted and amended by the City • Dublin is hereby rep-aled. .ection 2: POSTIPfG OF ORDINANCE Th, City Clerk of the City of-' blin shall cause this ordinanc="to be posted in at least hree (3) public places in the City of Dublin in accordance with •ection 36933 o_f the Government Code of th- State of California. PA- ED AND ADOPTED B THE CITY COUNCIL OF THE CITY OF DUBLIN ON THI 27TH DAY OF h. eh , 1989. AYES: Counctlmem'-rs Hegarty, Jeffery, Vonheeder &Mayor Moffatt NOES: None ABSENT: . c' member Snyder.' /�(//n Mayo . ATTEST:• � 411111 .. .11410 City Clerk • I . 0227 r-� n ORDINANCE NO. 9 - 89 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 7-86 EXTENDING THE AMORTIZATION PERIOD FOR NON-CONFORMING SIGNS AND DECLARING THIS ORDINANCE AN URGENCY ORDINANCE TO TARE EFFECT IMMEDIATELY WHEREAS, the City Council of the City of Dublin finds that on May 23, 1989, certain business owners in the City sent a letter to other business owners in the City pertaining to compliance with the City Sign Ordinance, and said letter contained incorrect information which could mislead business sign owners as to the effective date of the amortization period set forth in said Sign Ordinance; and WHEREAS, the confusion among sign owners caused by said letter became apparent subsequent to the posting of the agenda for the June 12, 1989, meeting of the City Council; and WHEREAS, the City Council finds that an extension of the amortization period for removal of on-site signs to July 12, 1989, will preserve the public peace by avoiding the time, expense, and business disruption attendant to enforcement of Ordinance No. 7-86. The City Council of the City of Dublin does ordain as follows: Section 1. AMENDMENT Ordinance No. 7-86, as amended by Ordinance No. 6-87 and Ordinance No. 18-88 is hereby amended by substituting the following paragraph in space of Section 8-87.74 E): E) If the Planning Director finds that, upon the basis of the evidence presented, and circumstances warrant it, he may grant an extension of time within which the sign must be removed, not exceeding a total of three (3) years from the date specified in Section 8-87.71, or from July 12, 1989, whichever date last occurs. Section 2: URGENCY ORDINANCE This Ordinance is adopted pursuant to Government Code Section 65858 as an urgency measure to protect the public safety, health and welfare, and shall be of no further force and effect forty-five (45) days from date of adoption unless extended pursuant to Section 65858(a). Section 3. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect immediately. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. ORDINANCE NO. 9 - 89 Page 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 12th day of June, 1989, by the following vote: AYES : Councilmembers Hegarty, Jeffery, Snyder, Vonheeder & Mayor Moffatt . NOES: None ABSENT: None • '1 ,/ 1!) Mayor ATTEr5TT— p) cci City Clerk) 022� ORDINANCE NO. 3 - 92 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN PROVISIONS OF THE ZONING ORDINANCE RELATING TO MASSAGE ESTABLISHMENTS The City Council of the City of Dublin does ordain as follows: Section 1. Section 8-21.14.2 MASSAGE ESTABLISHMENT is hereby added to Section 8-20.0 DEFINITIONS of the City of Dublin Zoning Ordinance to read as follows: "8-21.14.2 MASSAGE ESTABLISHMENT. Massage establishment means any establishment having_a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of "massage" described in the City of Dublin Municipal Code Chapter 4.20 Massage Establishments and Massage Services. Any establishment engaged in or carrying. on, or permitting any combination of massage and bathhouse shall be deemed a massage establishment." Section 2. Section 8-47.2e) CONDITIONAL USES: C-N DISTRICTS of the City of Dublin Zoning Ordinance is hereby added to read as follows: • "e) Massage Establishment." Section 3. Section 8-48.2p) CONDITIONAL USES: C-1 DISTRICTS of the City of Dublin Zoning Ordinance is hereby amended to read as follows: "p) Massage Establishment;" Section 4. Section 8-49.2n) CONDITIONAL USES: C-2 DISTRICTS of the City of Dublin Zoning Ordinance is hereby added to read as follows: "n) Massage Establishment." PASSED AND ADOPTED by the City Council of the City of Dublin on this 27th day of January, 1992, by the following votes: AYES: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None Mayo • ATTEST: r-,//� C City`C1 k ORDINANCE NO. 6 - 92 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE AND ZONING ORDINANCE RELATING TO CONDITIONAL USE PERMIT, AIVE CONDITIONAL PERMIT AND SITE DEVELOPMENT REVIEW PROCESS The City Council of the City of Dublin does ordain as follows: - Section 1. Section 2.12.080 ZONING AND P�NINGiJURISDICTIOONC-de is CONDITIONAL USE PERMITS of the City amended to read as follows: 'Section 2.12.080 ZONING AND PLANNING JURISDICTION- CON CONDITIONAL USE PERMITS. A request for a conditional use permit submitted to the Planning Commission, the Zoning Administrator, or Planning Director as provided in the City of Dublin Zoning Ordinance, except as hereafter set forth. The DPlanningshall have Commission, Zoning Administrator, Planning or orshallve the authority to approve, conditionally approve, such requests. Appeals from the decision regarding a conditional use permit shall be taken to the Planning Commission or City Council by those parties and in the manner provided in the City of Dublin Zoning Ordinance. [Historical Notes to be Added]" Section 2. Section 2.12.095 ZONING AND PLANNING JURISDICTION - ZONING CLEARANCE of the City of Dublin Municipal Code is-hereby added to read as follows: "Section 2.12.095 ZONING AND PLANNING JURISDICTION - ZONING CLEARANCE. A request for Zoning Clearance shall be submitted to the Planning Director. The Planning Director shall have the authority to approve or disapprove such requests. Action of the Planning Director shall be final except as provided in the City of Dublin Zoning Ordinance Section 8-92.0 INTERPRETATION/ DETERMINATION OR REVIEW." Section 3. Section 2.12.100 ZONING AND PLANNING JURISDICTION - PARCEL MAP of the City of Dublin Municipal Code is amended to read as follows: "Section 2.12.100 ZONING AND PLANNING JURISDICTION - PARCEL MAP. Parcel maps shall be submitted to the Planning Director. The Planning Director shall have the authority to approve, conditionally approve or disapprove a parcel map. Appeals from the decision of the Planning Director regarding a parcel map shall be taken to the Planning Commission or City Council by those parties and in the manner provided in the City of Dublin Zoning Ordinance and the City of Dublin Subdivision Ordinance. (Ord. 23, Section 5, 1982)" - 1 — =onord:3/92 0231 Section 4. Section 2.12.120 ZONING AND PLANNING JURISDICTION - DISCRETION OF PLANNING DIRECTOR of the City of Dublin Municipal Code is amended to read as follows: "Section 2.12.120 ZONING AND PLANNING JURISDICTION - DISCRETION OF PLANNING DIRECTOR. The Planning Director shall have the discretion to refer an application for a variance, a conditional use permit, a parcel map, or a site development review to the Planning Commission for action. In such cases, an appeal from the decision of the Planning Commission shall be taken to the City Council by those parties and in the manner provided in the City of Dublin Zoning Ordinance. [Ordinance 23, Section 7, 1982]" Section 5. Section 2.12.130 APPEALS - PROCEDURE of the City of Dublin Municipal Code is amended to read as follows: "Section 2.12.130 APPEALS - PROCEDURES. An appeal may be taken to the Planning Commission or City Council by any property owner or other person aggrieved or by a city officer, department, board or commission affected by the action within the period and in the manner provided in the City of Dublin Zoning Ordinance. [Ordinance 11, Section 1, 1982]" Section 6. Section 8-46.2 CONDITIONAL USES: C-0 DISTRICT of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-46.2 CONDITIONAL USES: C-0 DISTRICTS: In addition to the uses listed for Sections 8-60.60 TEMPORARY USES. CONDITIONAL USES and 8-61.0 CONDITIONAL USES. ALL DISTRICTS, the following are Conditional Uses in a C-O District and shall be permitted only if approved by the Planning Commission or Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Church, library, 'school, hospital, clinic; 2. Research or development laboratory, except those engaged in manufacture of products for commercial sale or distribution and excluding any which produces or is found likely to produce any smoke, dust, odors, glare or vibrations observable outside the building or portion thereof in such Use; 3. Parking lot; 4. Public utility substation, not including service yard, storage of materials or vehicles, or repair facilities; 5. Community Identification Sign pursuant to Section 8-87.60.A.1 SIGN CONDITIONAL USE PERMITS REQUIRING PLANNING COMMISSION APPROVAL. [Amended by Sec. 11, Ord. 69-23; Amended by Sec. 14, Ord. 70-57] B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Pharmacy, limited to the sale of drugs and medical supplies; - 2 - anord2:2/92 llnnn 2. Restaurant or retail store which serves primarily the occupants of existing buildings in the same district or their clients or patrons; 3. Directional Tract Sign pursuant to Section 8-87.60.B.1 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; to 4. Temporary Promotional (60 days) Signs pursuant Section B.2 SIGN CONDITIONAL PERMIT REQUIRING ZONINGADMINISTRATORAPPROVAL." Section 7. Section 8-47.2 CONDITIONAL USES: C-N DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: . In 8-47.2NAL onsSES:8-60.60NTEMPORARYS addition USES. CONDITIONAL USES and 8-61.0 CONDITIONAL USES. ALL DISTRICTS, the following are Conditional Uses the Planningstrict and Commissionsorlthel e permitted only if approved Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Public utility substation, not including service yard, storage of materials, or vehicles, or repair facilities; 2. Parking lot; 3. Service Station, Type A; _ 4, Drive-In Business; ursuantto Section 5. Community Identification Sign p 8-87.60.A.1 SIGN CONDITIONAL USE PERMIT REQUIRIN16, PLANNING COMMISSION APPROVAL. [Amended by Ord. 70-57) B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Directional Tract Sign pursuant to Section 8-87.60.B.1 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; Signs pursuant to 2. Temporary Promotional (60 days) Section B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONINGADMINISTRATORAPPROVAL." Section 8. Section 8-48.2 CONDITIONAL USES: C-1 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-48.2 CONDITIONAL USES: C-1 DISTRICT. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES: CONDITIONAL USES and 8-61.0 CONDITIONAL USES. ALL DISTRICTS, the following are Conditional Uses in C-1 Districts and shall be permitted only if approved by the Planning Commission or the Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: - 3 — 0233 zonozd2:2/92 A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Hospital; 2. Community facility; 3. Animal Hospital, Kennel; 4. Clubhouse, or meeting rooms used by members of an organized club, lodge, union or society; 5. Mortuary; 6. Storage Garage, and storage lots for Recreational Vehicles and Boats; 7. Theatre, Drive-in Theatre; 8. Drive-in/Drive-Through Business; 9. Outdoor Seating/Eating; 10. Hotel, Motel, Boarding House; 11. Automobile Sales lot;- 12. Service Station, Type A; or a facility retailing automotive parts and supplies which are installed and serviced on the site but does not include engine, transmission or differential rebuilding or body repair; 13. Plant nursery including the sale of landscaping materials, excluding wet-mix concrete sales, providing all equipment, supplies, and merchandise other than plant materials are kept within a completely enclosed building; 14. Tavern; 15. Adult Entertainment Activity, provided however, that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment Activity; 16. Massage Parlor; 17. Recycling Centers, when operated in conjunction with a Permitted Use on the same premises; 18. In-patient or Out-patient health facilities as licensed by the State Department of Health Services; 19. Dance floors (public dances requiring a dance permit per Chapter 5.52 PUBLIC DANCES of the Dublin Municipal Code); 20. Fortunetelling; 21. Community Identification Sign pursuant to Section 8-87.60.A.1 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL 22. Time/Temperature and other changeable copy sign pursuant to Section 8-87.60.A.2 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 23. Special Easement Sign pursuant to Section 8-87.60.A.3 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 24. Second Freestanding Sign pursuant to Section - 8-87.60.A.4 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: - 4 - senezd2:]/9] 0 2 3 4.. /1 1. Commercial recreational facility located within a building (excluding dance floor, see Section 8- 48.2.A.17 and theatre, see Section 8-48.2.A.7); 2. Directionalant to tion -87.60.B.1 ZONING ADMINISTRATOR APPROVAL; 3. Temporary Promotional (60 days) Signs pursuant to Section 8.87.60.B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 4. FreestandinCONDITIONAL QUSE gPERMIT n uREQUIRING ant to cZONING ADMINISTRATOR tion 8-87.60.B.3• N APPROVAL." Section 9. Section 8-49.2 CONDITIONAL USES: C-2 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-49.2 CONDITIONAL USES: C-2 DISTRICTS. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES. CONDITIONAL USES and 8-61.0 CONDITIONAL USES. ALL DISTRICTS the following are Conditional Uses in C-2 Districts and shall be permitted only if approved by the Planning Commission or the Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Hospital; 2. Animal Hospital, Kennel; 3. Mortuary; 4. Community Facility; 5. Drive-in Theatre, Recreation Facility (excluding recreation facility within a building, see Section 8-49.2.B.1); 6. Drive-in/Drive-through Business; 7 Outdoor Seating/Eating Restaurant; 8. Service Station, Type A and Type B; 9. Automobile, camper, boat and trailer sales, storage or rental lot; 10. Plant nursery including the sale of landscaping materials, excluding wet-mix concrete sales, proving all equipment, supplies and merchandise other than plant materials are kept within a completely enclosed building; 11. Auto Sales and Service Agency; 12. Tavern; 13. Adult Entertainment Activity provided, however, that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment activity; 14. In-patient and out-patient health facilities as licensed by the State Department of Health Services; 15. Dance Floor (public dances requiring a dance permit pursuant to Chapter 5.52 PUBLIC DANCES of the City of Dublin Municipal Code); • - 5 - 0235 zcnord2:2/92 III 16. Community Identification Sign pursuant to Section 8-87.60.A.1 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 17. Time/Temperature and other changeable copy sign pursuant to Section 8-87.60.A.2 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 18. Special Easement Sign pursuant to Section 8-87.60.A.3 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 19. Second Freestanding Sign pursuant to Section 8-87.60.A.4 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Recreation facility located within a building (excluding dance floor, see Section 8-49.2.A.13); 2. Directional Tract Sign pursuant to Section 8-87.60.B.1 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 3. Temporary Promotional (60 days) Sign pursuant to Section 8-87.60.B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 4. Freestanding Sign pursuant to Section 8-87.60.B.3 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL." Section 10. Section 8-51.3 CONDITIONAL USES: M-1 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-51.3 CONDITIONAL USES: M-i DISTRICTS. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES: CONDITIONAL USES and 8-61.0 CONDITIONAL USES: ALL DISTRICTS the following are Conditional Uses in an M-1 District, and shall be permitted only if approved by the Planning Commission or the Zoning Administrator, pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Contractors or other outdoor storage yard for equipment and supplies, if conducted within an area enclosed by a solid wall or fence; 2. Animal Hospital, Kennel; 3. Storage of liquefied petroleum gas; 4. Drive-in Theatre; 5. Sale at retail of building materials, or of industrial equipment or machinery; 6. Concrete or asphalt batching plant; 7. Service Station Type A and Type B; B. Adult Entertainment Activity, provided however that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment Activity; - 6 —ionord2:2f92 0 2;'/l" r'1 /1 9. Dance Floor (public dances requiring a dance permit pursuant to Chapter 5.52 PUBLIC DANCES of the City of Dublin Municipal Code); 10. Other Uses which are found by the Planning Commission as may meet the intent of the district and the requirements of Section 8-51.8 PERFORMANCE STANDARDS: M-1 DISTRICTS; to Section 11. Community Identification Sign pursuant 8-87.60.A.1 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 12. Time/Temperature and other changeable copy sign pursuant to Section 8-87.60.A.2 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNICOMMISSION NcAPPROVAL7.60.A.3 13. Special Easement Sign pursuant SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; to Section 14. Second Freestanding Sign pursuant 8-87.60.A.4 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Restaurant, retail store, or shop needed to serve the occupants of existing industrial buildings in the immediate vicinity; 2. Recreation facility, within an enclosed building (excluding dance floor, see Section 8-51.3.A.9); 3. Directional Tract Sign pursuant to Section 8-87.60.B.1 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; to 4. Temporary Promotional (60 days) Sign pursuant Section 87.60.B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 5. Freestanding Sign pursuant to Section 8-87.60.B.3 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL."- Section 11. Section 8-60.60.1 TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-60.60.1. TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES. In any District minor temporary uses of land of a duration of 60 days or less, except as otherwise provided herein, having negligible or no permanent effects on the environment nment andy that an are categorically exempt from CEQA shall be pirm to the Planning Administrative Conditional Use Permit is approved Director pursuant to Section 8-60.60.1.B TEMPORARY USES: ADMINISTRATIVE CONDITIONAL USES. nitionl A. Temporary rovalr l Uses shallincl deI,lbutanotnbeolimiteda Use to, the Permit app following: - 7 — =onord2 2/92 0237 1. Carnivals, circus; 2. A single newspaper recycling bin for up to one year, sponsored by a Dublin-based bona fide church, school, neighborhood group or Dublin-based non-profit, non- restrictive civic or service organization as an accessory use to a lawfully existing principal use; 3. Arts and crafts fair - maximum two separate events for one-day each, per twelve (12) month period per lot, sponsored by a Dublin-based bona fide church, school, neighborhood group, or Dublin-based, non-profit, non- restrictive civic or service organization for the sale of handmade or handcrafted items for sale by the original artist; 4. Firewood sales lots in the A District (but no such permit shall be approved for a period to exceed one year); 5. Mobile home occupancy for a period of 1 year during construction of permanent living quarters on the same premises in any A or R District; 6. Occupancy of a commercial office trailer for a period not to exceed one year in any C or M District; 7. Tract and sales office/model complex with accessory signs during the period of construction and original sale of the buildings or lots in a new subdivision. B. The Planning Director shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be conditioned to conform to the requirements and intent of this Chapter. If from the information submitted or developed upon investigation the Planning Director finds that compliance with the requirements and intent of this Chapter will be secured, the Administrative Conditional Use Permit shall be approved. If it is found that such compliance is not secure, the Permit shall be denied or approved subject to such specified conditions, changes, or additions as will assure such compliance. The order approving, conditionally approving or disapproving an Administrative Conditional Use Permit shall become effective five (5) days after the date of such action unless a written appeal is filed pursuant to the procedure specified in Section 8-102 APPEALS." Section 12. Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE of the City of Dublin Zoning Ordinance is hereby added to read as follows: "Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE. In any District, the following minor temporary uses of land of a duration of 60 days or less having negligible or no permanent effects on the environment and that are categorically exempt from CEQA shall be permitted only if Zoning Clearance is given by the Planning Director. The Planning Director shall give Zoning Clearance upon determination that the proposed use is in - 8 - zcnord2:2/92 • /4\ compliance with the City of Dublin "Standard Requirements" for said use: 1. Christmas tree sales lot or other seasonal/holiday sales lot as determined by the Planning Director; 2. Pumpkin patch/sales lot; 3. Neighborhood/school/church festivals located on-site; 4. Temporary construction trailer; to 5. Grand-Opening Temporary Promotional Signs pursuant Section 8-87.61.2 SIGNS REQUIRING ZONING CLEARANCE; 6 framer pursuanto too Secti nn8-87.61.3tSIGNS REQUIRINGional Signs 30 ZONING timeay ZONING CLEARANCE; 7 8-87.61.4 SIGNS1te Sale REQUIRINGr Lease Signs pursuant to Section ZONING CLEARANCE Section 13. Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS of the City of Dublin Sign Ordinance is amended to read as follows: "Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS. Unless specifically prohibited by this Chapter, the following type of signs may be located in required yards, if a Conditional Use Permit is granted by either the Planning Commission or Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. SIGN CONDITIONAL USE PERMITS REQUIRING PLANNING COMMISSION APPROVAL: 1. Community Identification Sign, one hundred twenty (120) square feet maximum area, twenty (20) feet height, shall be located within one thousand (1,000) feet of the City's corporation boundary. Sign illumination shall not be intermittent and sign copy shall be limited to: a. the name of the community; _ b. information relating to the service clubs active in the area; c. community slogans or mottos; or d. directional information. 2. Time/Temperature Signs, including Electronic Readerboards, Business Bulletin Boards, and other Changeable copy Signs on which the copy if manually or electrically changed, when used to promote items of general interest to the community such as time, temperature, and/or date. Wall-mounted Changeable Copy Signs shall be subject to compliance with Section 8-87.33, Ord. 18-88 WALL SIGNS PROJEPROJECTING SIGNS. GuSIGNS to Freestanding Changeable Copy Signs compliance with Sections 8-87.34 (18-88, 6-87) FREESTANDING SIGNS or 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. [Ord. No. 6-87, January 1987, 18-88 Historical Notes to be Added] - 9 — .onocd2:2/9I 0239 3. Special Easement Signs, used as part of the permanent signage to designate, identify, or indicate the name(s) or business(es) of the owner or occupant of a premises in the immediate vicinity of the parcel upon which the sign is located. The premises said sign is designed to advertise must be located on a parcel of land without direct access or frontage on an improved public right- of-way. Said properties must be interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded access easement. Said signs may also be utilized to advertise the business(es) conducted, service(s) available or rendered, or the goods procured, sold, or available for sale upon the referenced nearby premises. [Ord. No. 6- 87, January 1987] When a Special Easement Sign is approved by the Planning Commission, the business(es) designated on said sign and the parcel on which the business(es) are located shall utilize the Special Easement Sign in lieu of any other Freestanding Sign or Alternate Type of Freestanding Sign on the parcel on which the business(es) is located. Special Easement Signs shall be subject to compliance with Sections 8- 87.34 FREESTANDING SIGNS or 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. 4. Two (2) freestanding signs on parcels of four (4) acres or greater in size located adjacent to I-580 or I-680 or the Flood Control Channel adjacent to I-580 or I-680. Said freestanding signs shall be located on separate frontages. For the purpose of determining the location, height and sign area of the second free- standing sign, the Alameda County Flood Control Channel property line adjacent to the freeway shall be deemed to be the property line for measuring pursuant to Sections 8-87.34.B)1) FREESTANDING SIGNS. LOCATION - 8-87.34.B)3) FREESTANDING SIGNS. SIGN AREAS. The second freestanding sign shall be subject to the following provisions: a) No second freestanding signs shall be permitted within the required front, side or rear yard setback areas. b) All second freestanding signs shall be located in a planter of appropriate dimensions. c) In no case shall a second freestanding sign be located within fifty (50) feet of the interstate freeway right-of-way. d) No freestanding sign shall project within a public right-of-way. [Ord. No. 6-87, January 1987; Ord. No. 18-88, September 1988] - 10 — zono.d2:7,92 0246 B. SIGN CONDITIONAL USE PERMITS REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Directional Tract Sign, in any district, sixty-four (64) square feet maximum sign area for double-faced m are signage and thirty-two (32) square twelvefeet(12)m maxi feet maximum area for single-faced signage; tall no an be height, shall not be illuminated, and s feet ofo an located within six hundred sixty (660) interstate freeway. The size of the sign is not included as part of thehe aggregat sMign 1aarea permitted on the property. [0 18-88, September 1988] 2. Temporary Promotional Signs - Sixty Day (60) Time Frame (banners, pennants, flags, balloons, searchlights and similar advertising devices), when used for special promotional events, for periods that cumulatively do not exceed a maximum of sixty (60) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. 3. Freestanding Signs in excess of twenty (20) foot height, located on parcels, or collectionscofs of parcels under common ownership and use, (4)o ae and one-half greater in size, or single-use parcels (1-1/2) acres or greater in size, with'the maximum allowable height of thirty-five (35) feet and with the proposed size (area and height) and location pursuant to Section 8-87.34 FREESTANDING Section 14. Section 8-87.61 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMIT of the City of Dublin Sign Ordinance is amended to read as follows: "Section 8-87.61 SIGNS REQUIRING ZONING CLEARANCE. The following types of signs may be located in required yards if uifuZoning Section Clearance is granted by the Planning Director p 8-98.0 ZONING CLEARANCE: 1. One Identification Sign per parcel in any district, when used to designate the name, or the name and use, of a multi- family residential use, public building, to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the district. Identification Signs shall not exceed a mmm area tareagoft24 4 square feet, unless a greater area is approved Administrative Conditional Use Permit process. The height set forth 6of Idntifiction Signs 0.55eHEIGHTaLIMITATIONS. [Ord.11 e 6a-87 i Sectionn 8- , January 1987] 2. Grand-Opening Temporary Promotional Signs (banners, pennants, flags, balloons, searchlights and similar advertising devices) in any district other than the - 11 - =onaraz:z/92 0241 Agricultural or Residential Districts when used for bona- fide grand opening functions within sixty (60) days of a business' initial occupancy and for a period not in excess of thirty (30) days. 3. Temporary Promotional Signs - Thirty (30) Day Time Frame (banners, pennants, flags, balloons, searchlights and similar advertising devices) when used for special promotional events for periods that cumulative do not exceed a maximum of thirty (30) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. 4. Temporary Off-site Sale or Lease Signs which are intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure or establishment of a premises in the immediate vicinity of the premises upon which the sign is located, where said premises is located on a parcel of land without direct access or frontage on an improved public right-of-way, and where said properties are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded access easement. (Ord. No. 6-87, January 1987)" Section 15. Section 8-92.0 ADMINISTRATION OR ENFORCEMENT: APPEALS of City of Dublin Zoning Ordinance is hereby amended to read as follows: "Section 8-92.0 INTERPRETATION/DETERMINATION OR REVIEW. An Applicant, a person or persons directly affected, Commission member or Council member, may request Planning Commission review or interpretation of a nondiscretionary permit, requirement, decision or determination made or issued by any City of Dublin Staff relating to the administration or enforcement of the City of Dublin zoning regulations, approved plans, or conditions of approval pursuant to this section. 1. All requests for Planning Commission interpretation or review shall be filed with the Planning Department within five (5) days of the written decision/determination issued by Staff. 2. Such interpretation/review requests shall be submitted in written form presenting all pertinent factual information related to the interpretation request. 3. The Planning Director shall forward such factual information and Staff Report to the Planning Commission for review and interpretation as a non-public hearing item at a regularly scheduled Planning Commission meeting. _ 4. The Planning Commission may affirm, reverse or modify the Staff determination. - 12 — z000rd2,2192 • n 5 fiveP(5)ndaysCafters shall become oision determination the determination ismade unless fanctive appeal is filed within said 5-day period pursuant to Sections 8-102.D - 8-102.F APPEALS. ON of Section 16. ZSection 8-94.1 oning Ordinance CiisDamended toITINAL Ereadaaslfollows: City of Dubl "Section 8-94.1 CONDITIONAL USES: ACTION. The Planning Commission or Zoning Administrator shall receive, hear and decide applications for a Conditional mitpandvaf and ter conditional the conclusion of the hearing may authorize approval of the proposed use if the ence containedninior accompanying the application or presented deemed sufficient to establish that, under all rcumstances located conditions of the particular case, the use is properly all respects as specified in Section 8-94.0 CONDITIONAL USES, and otherwise the Planning Commission or Zoning Administrator shall disapprove the application. In each case, notice of the hearing shall be given pursuant to Section 8-101.0 HEARINGS: NOTICE. [Amended by sec. 41, Ord. 70-57]." ES AND Section 1CitySoftDubli Q nZoningNOrdinnanceN UisSamendedGto read as of the follows: "Section 8-94.2 CONDITIONAL USES: HANGES ANDaRENEWALS. Thear he Planning Commission or ZoningAdministrator the and decide applications to renew or extendctheiterm previously of a . Conditional Use or to modify or waive any imposed upon a Conditional Use, or upon a Use Permit issued prior to the effective date of this e. Every verylsuchnauch pplication shall be subject to the same procedure that the Planning forth herein for a Conditional Use; except Commission or Zoning Administrator shall h thetdiscretionnto refer applications approved through an appeal maker that heard the appeal. The Planning Director may grant approval of minor amendments to Conditional Use Permits Council originally approved by the Planning Commission or City but not limited determination that xpamendment tosexceed 1,00O(including square feet, b to a) physical expansionoperation expansion) . b) expansion of hours of operation, or c) p [Amended by sec. 42, Ord. 70-57]" Section the CitytofnDublin3ZoningTOOONAL dinancesis amendedDtoPreadAasONS of follows: "Section 8-94.3 CONDITIONAL USES: COMBINED APPLICATIONS. If the proposed Conditional Use also requires Site Development Review, the combined Conditional Use Permit and Site Development Review applications shall be processed concurrently by the decision maker for the Conditional Use Permit and shall be subject to the requirements of Sonf8-95.0r0 SITEsDEITE VELOPMENT REVIEW of this Chapter. Disapproval - 13 - =a�o=dz:u92 0243 disapproval of both the Conditional Use Permit and Site Development Review applications. Where the proposed Conditional Use Permit is accompanied by an application for a Variance pursuant to Section 8-93.1 VARIANCE PROCEDURE, the applications shall be processed concurrently by the decision maker for the Conditional Use Permit. (Amended by sec. 43. Ord. 70-57)" Section 19. Section 8-95.0 SITE DEVELOPMENT REVIEW through Section 8- 95.8 SITE DEVELOPMENT REVIEW: PLAN MODIFICATION of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-95.0 SITE DEVELOPMENT REVIEW: Section 8-95.010 INTENT/PURPOSE: Site Development Review is a discretionary review process intended to promote orderly, attractive and harmonious site and structural development compatible with individual site environmental constraints and compatible with surrounding properties and neighborhoods; to resolve major project-related issues including, but not limited to, building location, architectural and landscape design and theme, vehicular and pedestrian access and on-site circulation, parking and traffic impacts; to ensure compliance with development standards and general requirements established for Zoning and Planned Development Districts, including, but not limited to, setbacks, heights, parking, fences, accessory structures and signage; to stabilize property values; and to promote the general welfare. Section 8-95.020 GUIDELINES: Site Development Review Guidelines shall be developed in a manner to be prescribed by the City Council. The purpose of the Guidelines is to establish design parameters and policies to assist in review and regulation of development projects. The policies shall include, but not be limited to, issues of setbacks, building design/architecture, landscaping, parking and signage. Section 8-95.030 APPLICABILITY: The following types of development shall be subject to Site Development Review unless a waiver is granted pursuant to Section 8-95.100 WAIVERS: 1. Any structure (new or existing) with 1000 square feet or greater of floor area, located within a C-0, C-N, C-1, C-2 or M-1 Zoning District. 2. Any new construction with an aggregate floor area of 1000 square feet or greater, located within a C-0, C-N, C-1, C-2 or M-1 Zoning District. 3. Any modification to the exterior of structures with 1000 square feet or greater of floor area, located within the C-0, C-N, C-1, C-2 or M-1 Zoning District, including, but not limited to, building additions, new and/or additional windows and doors, roof or ground mounted mechanical equipment. - 14 - zonord2:2/92 nOAA /1 /1 4. Modifications to site layout or improvements in a C-0, C-N, C-1, C-2 or M-1 Zoning District, including, but not limited to, parking, fencing, circulation, landscape, accessory structures, trash enclosures. 5. Signage pursuant to Sections 8-87.33•B•1 WALL SIGNS AND PROJECTING SIGNS and 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. to 6. Any modifications to exterior of structures, to Signage, site layout or to improvements locLtediwiniaePD DePlannednt Development District specifically requiring Review. 7. Any modification to exterior of structures, to site layout or to improvements for which previous Site Development Review has been approved. ng 8. Any new construction or modification to onito ansexistingich structure or site located in any pursuant to this Chapter requires Site Development Review. Section 8-95.040 APPLICATION REQUIREMENTS: 1. When Site Development Review is required, an application shall be submitted to the Planning Department in proper form as provided in Section 8-100.0 ALAINS: yE PETITIONSiNS AND APPEALS: FORM AND SCOPE and as prescribed Director. 2. When a project requiring Site Development Review also shall be submitted as part of the requires a Variance or a Conditional Use Permit, the Site Developmenta Review requestapplication and the requests shallhallnbe or Conditionalsdcon User tly bythe Planning Department be processed concurrently pursuant to Section 8-94.3 CONDITIONAL USES: COMBINED APPLICATIONS and Section 8-93.1 VARIANCES: PROCEDURES. 3. A Site Development Review application shall be accompanied by a processing deposit and information and materials prescribed by the Planning Director including, but by not limited to, a Site Plan prepared (unless waivePlanning Director) by a licensed civil engineer, land udng, architect,providedpe architect however, thator a the boundary and buildingo designer, plan shall be prepared by a licensedicnsehcc civil engineery on the site l plan or The site vplan shall bea drawn l lto appear on said atin pand with full dimensions the scale and indicating clearly following information: d a) Parcel dimensions anproposed buildings distance nandestructures--their b) Existing and location, size, height and use; - 15 — xonord2:2,92 0245 • c) Dimensions of yards and open spaces between buildings; d) Fences and walls--their location, height and materials; e) Parking spaces--their location, number, dimensions and internal circulation; f) Access-vehicular, pedestrian and service, with points of ingress and egress, internal circulation, design, and improvements; g) Street dedications and improvements--existing, and proposed, if any; h) Such other data as may be required under the circumstances of the case to permit the Planning Director to make the required findings. Where the proposed use includes any structures other than Dwellings, or any commercial or industrial use, the plan shall also show: i) signs: location, size, height and types of materials, and lighting; j) Loading spaces: their location, number, dimensions, and internal circulation; k) Lighting: its location and general nature. [Amended by Sec. 12, Ord. 68-27; amended by Sec. 46, Ord. 70-57] - 4. If the Planning Director deems necessary report(s) including, but not limited to, Traffic Impact, Parking, Soils or Noise Studies may be required to be prepared by expert/qualified consultant(s) chosen by the Planning Director and shall be submitted with the Site Development Review application. The cost of said consultant(s) services shall be paid by the applicant. 5. The Planning Department shall review each Site Development Review application submittal for completeness and notify the applicant of any incomplete information or materials prescribed by the Planning Director for a complete application submittal. Section 8-95.050 PUBLIC NOTICE AND REVIEW: 1. Prior to taking action on a Site Development Review application, a minimum ten (10) day public noticed review and comment period shall be provided. 2. Such notice shall contain information on the project including, but not limited to, a brief project description, location, and duration of review period. 3. Such notice shall be mailed to all property owners within - 300 feet of the project property boundaries as identified on the latest Alameda County assessment rolls. - 16 — zonord2:2/92 (]9dR n /1 Section 8-95.060 ACTION: The Planning Director, upon conducting any necessary investigation and review of reports or recommendation from other applicable City ds or other conditionally otherve interested public agencies, shall approve, or deny the Site Development Review request base on d hearing pursuant to Section 8-95.070 FINDINGS. No pbase required, except the Zoning Adminiitrator or orborcPlanning and ilanning ssion shall conduct at least one (1) approve, conditionally approve or deny a Site Development Review request based on findings pursuant to Section 8-95.070 FINDINGS, when processing a Site Development Review application concurrently with a Variance or Conditional Use Permit pursuant to Section 8-94.3 CONDITIONAL USES: COMBINED APPLICATIONS and Section 8-93.1 VARIANCE: PROCEDURE. lThe hetilanning ningaDirectoreord or Zoning Administrator may refer an application by the Planning Director or Zoning Administrator to the Planning Commission for review when deemed in the best interest of the • public health, safety or welfare. 8-95.070 FINDINGS: Approval of a Site Development Review request must be based on the following findings: i. The approval of the application is consistent with the intent/purpose of this Section 8-95.0 SITE DEVELOPMENT REVIEW. 2. The approval of the application, as conditioned, complies with the General Plan and with District (or`Planned Development) Regulations and the General Requirements established in the Zoning Ordinance. • 3. The approval of the application, as conditioned, is in the best interests of the public health, safety and general welfare. 4. The proposed site development, including site layout,height, vehicular access, circulation and parking, tet walls, public safety and similar elements has been designed to provide a desirable environment for the development. 5. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this devandethement with characterthe of adjacentent's esin concept buildingsg or theme and uses. 6. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. - 17 — sonord2:2,92 0247 Section 8-95.080 APPEALS: The appeal of actions relating to Site Development Review shall be subject to the provisions of Section 8-102.0 APPEALS. Section 8-95.090 TIME LIMITS/EFFECTIVE: 1. Unless appealed, action on the Site Development Review request shall become effective/valid 10 days after the decision of the Planning Director; or the Zoning Administrator or Planning Commission for combined applications. 2. Building permits shall not be issued except in accordance with the terms and conditions of the Site Development Review approval. 3. Upon approval of a Site Development Review request and upon subsequent development of a building site with Site Development Review approval, the use of the building site thereafter shall be subject to compliance with the approved plans and details and subject to the conditions of approval of said Site Development Review approval. 4. If building permits are not issued and construction commenced within two (2) years of the Site Development Review approval date, the Site Development Review approval shall lapse and become void. 5. If the Site Development Review approval expires pursuant to Section 8-95.070.4 FINDINGS a new application must be submitted and processed pursuant to Section 8-95.0 SITE DEVELOPMENT REVIEW. Section 8-95.100 WAIVERS. The Planning Director may waive the requirement for Site Development Review upon receiving a written request (including statement requesting Site Development Review waiver and plans detailing proposal) from the applicant and upon determination that the proposal is a minor project and the plans submitted are in accord with the intent/purpose of this Section 8-95.0 SITE DEVELOPMENT REVIEW. All Site Development Review Waivers must be granted in written form. Section 8-95.110 REVISIONS/PLAN MODIFICATIONS. The Planning Director shall hear and decide applications to modify any Plan approved or condition set forth under Site Development Review, except in cases where the original Site Development Review was approved by the Planning Commission or City Council. In such case, the City Council or Planning Commission shall hear and decide the request, subject to the same procedure and regulations as those applicable to the original application. The Planning Director may grant Site Development Review Waiver even for applications originally approved by the Planning Commission and City Council upon determination that the modification is minor and in accordance with Section 8-95.100 WAIVERS. (Amended by Sec. 50, Ord. 70-57)" - 18 - ronord2:2/92 n n A 0 Section 20. Section 8-98.0 ZONING CLEARANCE PROCEDURES of the City of Dublin Zoning Ordinance is hereby added to read as follows: Section 8-98.0 ZONING CLEARANCE PROCEDURES: Section 8-98.010 INTENT/PURPOSE: Zoning Clearance is a non- discretionary review process intended to exiettheeprocessing time of certain proposed temporary uses pursuant 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE for which the proposal is in compliance with the provisions of this Section 8-98.0 ZONING CLEARANCE PROCEDURES and with the City of Dublin Standard Requirements for Temporary Uses. Section 8-98.020 APPLICABILITY: Zoning Clearance shall be required prior to establishment of any temporary use specifically identified under Section 8-60.60.3 TEMPORARY USES: ZONING CLEARANCE. Section 8-98.030 APPLICATION REQUIREMENTS: 1. When Zoning Clearance is required, an application shall be submitted to the Planning Department in proper form as prescribed by the Planning Director. 2. A Zoning Clearance application shall be accompanied by a processing fee established and set by the City Council, and shall be accompanied by information and materials prescribed by the Planning Director including, but not limited to: a. Site Plan; b. Written Statement describing in detail the proposed temporary use and agreement of compliance with the City of Dublin Standard Requirements for Temporary Uses; and c. Property owner authorization to establish temporary use. 3. The Planning Department shall review each Zoning Clearance application for completeness including compliance with the Standard Requirements for Temporary Uses and shall not - accept any application which is not complete and/or does not comply with the Standard.Requirements for Temporary Uses. Section 8-98.040 ACTION: 1. The Planning Director shall approve all Zoning Clearance requests that are in compliance with Citye of flDublin Dublin Standard Requirements for Temporary Uses. Dirctr shall oteinocompliancen with y lthe n requestsing Clearance which are Standard Requirements for Temporary Uses. ication 2. Th toethePlanning applicanteofor allhall provide Zoning Clearancefrequests. Action - 19 — .ano=d2:2/92 0249 n n ion 20. Seetton-8-�8-0-Z4NiNCrGIrEARANE£-PROEEBUR£5-of the City of Dublin Zoning Ordinance is hereby added to read as follows: Section 8-98.0 ZONING CLEARANCE PROCEDURES: / S tion 8-98.010 INTENT/PURPOSE: Zoning Clearance is a non= discretionary review process intended to expedite the processing time of certain proposed temporary uses pursuant to Section 8-60.00.3 TEMPORARY USES. ZONING CLEARANCE for which the proposal is in c'mpliance with the provisions of this Section 8-98.0 ZONING CLEARANCE PROCEDURES and with the City of Dublin Standard Requiremen s for Temporary Uses. Section 8-98. 20 APPLICABILITY: Zoning Clearance'shall be required prior to establishment of any temporary use specifically identified unde Section 8-60.60.3 TEMPORARY USES: ZONING CLEARANCE. Section 8-98.030 APPLICATION REQUIREMENTS:. 1. When Zoning Clear- ce is required, ,an application shall be submitted to the P -nning Department in proper form as I prescribed by the P1- ning Director. 2. A Zoning Clearance application shall be accompanied by a processing fee establish-• and set by the City Council, and shall be accompanied by in ormation and materials prescribed by the Planning Director in uding, but not limited to: a. Site Plan; b. Written Statement describi • in detail the proposed temporary use and agreement -•f compliance with the City of Dublin Standard Requiremen• for Temporary Uses; and c. Property owner authorization to establish temporary use. 3. The Planning Department shall review eac' Zoning Clearance application for completeness including co •liance with the Standard Requirements for Temporary Uses an• shall not accept any/application which is not complete and/or does not comply with the Standard Requirements for Tem..rary Uses. Section 8-98i040 ACTION: / 1. The planning Director shall approve all Zoning Clearance requests that are in compliance with the City of Dub 'n Standard Requirements for Temporary Uses. The Plannin• Director shall deny all Zoning Clearance requests which -re- f/not in compliance with the Standard Requirements for Temporary Uses. The Planning Director shall provide Notification of Action to tha applie-ant of all 7nniq. - 19 - zonord2:2/92 a 1' 3. The Planning Director shall maintain records of the Action taken on all Zoning Clearance requests. 8-98.050 APPEALS: The Action of the Planning Director shall be final except as provided in Section 8-92.0 INTERPRETATION/ DETERMINATION OR REVIEW. Section 8-98.060 TIME LIMITS/EFFECTIVE: atin 1. Action of a effective/valid don theadateeofpthecActi shall become Action. 2. The duration of a Zoning Clearance approval for establishment of a temporary use shall not exceed 60 days within a 12-month period. Section 8-98.070 REVISIONS/MODIFICATIONS: The Planning Director may approve minor modifications to an approved Zoning Clearance application without requirement for submittal of an additional processing fee pursuant to Sections 8-98.040.2 ACTION and 8- 98.040.3 ACTION. Section 21. Section 8-102.0 APPEALS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-102.0,APPEALS. A. The Planning Commission shall be the Appeal Board for any decision of the Planning Director or ZoningAdministrator regarding Tentative Parcel Map, Variance, Site Development Review, Conditional Use Permit, or Administrative Conditional Use Permit applications in compliance with this section. B. The City Council shall be the Appeal Board for any decision of the Planning Commission in compliance with this section. C. Appeal Periods. Any property owner or other person aggrieved, or an officer, department, board or commission may file an appeal within the following appeal periods: i. Tentative Parcel Map: An appeal may be filed within 15 days of the date of action pursuant to Municipal Code Section 9.08.100 SUBDIVISIONS. GENERAL PROVISIONS. 2. Variance: An appeal may be filed within 10 days of the date of action in compliance with this section. 3. Site Development Review: An appeal may be filed within 10 days of the date of action in compliance with this section. 4. Conditional Use Permit: An appeal may be filed within 10 days of the date of action in compliance with this section. - 20 — :onord2:2/92 0251 5. Administrative Conditional Use Permit: An appeal may be filed within 5 days of the date of action in compliance with this section. D. Appeals shall be filed in writing with the City Clerk. Such appeals shall reference the Planning Application number, and shall fully state the extent of the appeal and the reasons and grounds for the appeal. Appellants shall be subject to payment of an appeal fee as may be established by the City Council. Submittal of current mailing labels for property owners within a 300 foot radius, envelopes and postage may be required to accompany all appeals subject to Planning Director determination. E. The Appeal Board shall hold at least one (1) noticed public hearing on any appeal. F. The Appeal Board may affirm, reverse or modify the previous decision. Section 22. Section 9.04.040.A GENERAL RESPONSIBILITIES of the City of Dublin Municipal Code is amended to read as follows: "A. The Planning Commission is the advisory agency for the approval, conditional approval, or disapproval of tentative subdivision maps for five (5) or more parcels. The Planning Director or Planning Director's designated representative is the advisory agency for the approval, conditional approval or disapproval of tentative parcel maps and any other subdivision matters and is responsible for analyzing the design and coordinating the processing of proposed subdivisions within the city departments and public agencies and, upon appeal, reporting thereon to the Planning Commission or City Council." Section 23. Section 9.08.100.A APPEALS of the City of Dublin Municipal Code is amended to read as follows: "A. The Planning Commission shall be the Appeal Board for decisions of the Planning Director, Zoning Administrator or Planning Director's designated representative. The City Council shall be the Appeal Board for decisions of the Planning Commission." Section 24. Section 9.08.100.0 APPEALS of the City of Dublin Municipal Code is amended to read as follows: "C. Within fifteen (15) calendar days after action, the subdivider may appeal any action of the advisory agency. Appeals shall be submitted in writing to the City Clerk. Such appeals shall reference the tentative map number and shall state fully the nature and extent of the appeal and - 21 — zonord2:2/92 110 S n the reasons why it is taken. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b) , and by subsection F of this section. " Section 25 . This Ordinance shall take effect and be in force 30 days following its adoption. The City Clerk of the City of Dublin all cause this Ordinance to be posted in at least three ( 3) publicplaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 24th day of February, 1992, by the following votes: AYES : Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder NOES : None ABSTAIN: None ABSENT: None Mayor l/ ATTEST: (50-?<ICKcA - City /Clerk"- • • - 22 - zonord2:2/92 0253 • 'AMENDED BY ORD. 18-88 (SEE PG. �) '� __y"_� -.- ' ORDINANCE NO. 6 - 87 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING TEE CITY ZONING ORDINANCEES ➢INGGSIO SIGNS, SERVICESTATION I➢ZS, LOCATION AND NUMBER OF PERMITTED CATION SIGNS, LOG PROFILE SIGNS, ANDPLAY • PRICE SIGNS, IDENTIFICATION TIME/TEMPERATURE SIGNS, AND ELECTRONIC BEADE-BOARD SIGNS, AND SEOPPING CENTER MASTER IDENTIFICATION SIGNS • The City Council of•the City of Dublin does ordain as follows: Section 1. That Section 8-87.10 Definitions Subsections i), k), v), w), • . .• and y) of the Dublin Zoning Ordinance are hereby amended to read as follows: 'i) Identification Sign. The term Identification Sign shall mean a . • sign, or device, for churches and auditoriums which serve exclusively to designate the name, or the name and use, of a public building, or multi-family residential use, or to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the District. (Identification Signs are • regulated by Section 8-87.67 a).)' "',c) - Low Profile Sign. The term Low Profile Sign shall mean a Business Sign that serves to identify a business complex, including the range • of the businesses within the complex, and may also serve as a • • Directory Sign identifying tenants located in said complex. (Low - Profile Signs are regulated by Section 8-87.35.)" • "v) Shopping Center Master Identification'Sign. The term Shopping Center Master Identification Sign shall mean a Business Sign for shopping center identification for use by shopping centers with a minimum of ten separate tenants.' "w) Special Easement Sign. The term Special Easement Sign shall mean a • Business Sign located off-site from the premises the sign has been• - designed to advertise where said premises is located on a parcel of land without direct access or frontage on an improved public right- of-way, and where the two premises involved are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded vehicular access easement." "y) Time/Temperature Sign. The term Time/Temperature Sign, including an Electronic Readerboard, Business Bulletin Board, or other Changable Copy Sign, shall mean a Business Sign on which the copy is manually or electrically changed and which is intended primarily to promote items of general interest to the Community such as time, temperature and/or date. (Time/Temperature Signs are regulated by Section 8- 87.66.)" Section 2. That Section 8-87.26 C-N District - Signs Permitted with a Site Development Review, of the Dublin Zoning Ordinance, is hereby amended to • include: . . "Shopping Center Master Identification Sign" Section 3. That Section 8-87.34 Freestanding Signs, of the Dublin Zoning Ordinance, is hereby amended to read as follows: "a) Only one Freestanding Sign shall be permitted per parcel with an exception for parcels of four acres or greater in size located adjacent to I-580 or I-680 pursuant to Section 8-87.66 g) Signs . Requiring Conditional Use Permits. -1- 0 254 b) Freestanding Signs shall be subject to the following conditions: 1) Location • A) No Freestanding Sign shall be permitted within the required front, side or rearyard setback areas; B) All Freestanding Signs shall be located in a planter of appropriate dimension; C) All Freestanding Signs shall be located within the middle • one-third (1/3) of the street frontage when said Freestanding Sign is within twenty (20) feet of said street frontage; • • • D) All Freestanding Signs shall in no case be located closer than fifty (50) feet from the right-of-way of an Interstate Freeway; E) No Freestanding Sign shall project into a public right- of-way. 2) Height A) Maximum sign height shall not exceed ten (10) fee: when said sign is located adjacent to a street frontage property line;• B) Maximum sign height may be increased one-half (1/2) foot for each one foot the sign is set back from the nearest • street frontage up to a maximum twenty (20) foot height. Except Freestanding Signs located on parcels, or collec- • tions of parcels under common ownership and use, four acres or greater in size, or single-use parcels one-and one-half acres or greater in size, may ut41' signs uo to • a maximum height of thirty-five (35) fee:, subject to • approval of a Conditional Use Permit pursuant toSections 8-87.66 d) and 8-94.0; • C) All Freestanding Signs with an overhang e:tendi-- over a • driveway, alley, or other vehicular access shall have a minimum clearance of fourteen (14) fee:. 3) Sign Area • • A) Maximum sign area shall not exceed thirty (30) square fee: for double-faced signs or fifteen (15) square feet for - single-faced signs when said sign is located on a street frontage property line; B) Maximum sign area may be increased five (3) square feet for each one (1) foot the sign is set back from the nearest street frontage, not to exceed one hundred and fifty (150) square feet for a single faced sign or three hundred (300) square feet for a double faced si-; • C) The maximum sign area for double-faced signs shall be twice the amount permitted for single-faced signs, with _th the sign surface area split equally between thetwo sides of the sign pursuant to the maximum permitted area (Section 8-87.34 b) 3) A); • D) The area of a Service Station Display Sign, when combined • with a Service Station Price Sign (see Sections 8-87.35 • and 8-87.50 k)), may exceed the height-area-setback regulations established in Sections 8-87.34 b) 2) and 3) by a maximum of thirty-two (32) square feet. -2- 4) .sign Proportion A) Freestanding Signs shall be proportionately dimensioned with the sign face width not to exceed one-half the sign's total height and the sign face height not co exceed three-tenths the sign's total height. The two dimensions may be incerchangable (sign proportion — 0.3 ht. x 0.5 ht.). Minor adjustments in sign proportions consistent with the purpose and intent of this Ordinance may be granted subject to Site Development Review approval by the Planning Director." Section 4. That Section 8-87.50 k) Permitted Signs - Service Station Price Sign, of the Dublin Zoning Ordinance is hereby amended to read as follows: "k) Service Station Price Signs indicating gasoline prices and available services when accessory to an existing service station. One (1) Price Sign is permitted along each street frontage to a maximum of two (2) Price Signs. Each Price Sign may have a maximum single- faced area of sixteen (16) square feet, or a maximum double-faced area of thirty-two (32) square feet. A Price Sign may be attached to and made part of Service Station Sign Display Structure pursuant to Section 8-87.34 b)'3) D)." Section 5. That Section 8-87.66 e) and f) Signs Requiring Conditional Use Permits, of the Dublin Zoning Ordinance is hereby amended to read as follows: includingElectronic Readerboards, Business "e) Time/Temperature Signs, Bulletin Boards, and other Changable Copy Signs on which the copy is manually or electrically changed, when used to promote items of general interest to the community such as t=e, temperature, and/or . date." "f) Special Easement Signs, used as part of the permanent sz_-_ge to designate, identify, or indicate the name(s) or business(es) of owner or occupant of a premises in the immediate vicinity ci the parcel upon which the sign is located. The premises said sisn is designed to advertise must be located on a parcel of land without _ direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular road.. which is subject to a non-revocable, von-exclusive recorded access _ easement. Said signs may also be utilized to advertise h- e business(es) conducted, service(s) available or rendered, or the • goods procured, sold, or available for sale upon the referenced nearby premises." Section 6. That Section 8-87.66 g) Signs Requiring Conditional Use Permits, of the Dublin Zoning Ordinance is hereby added to read as follows: "g) Two Freestanding Signs on parcels of four acres or greater in size located adjacent to I-580 or I-680. Said Freestanding Signs shall _ be located on separate frontages. For the purpose of said Free- standing Signs, the property line adjacent to 1-580 or I-620 shall be considered a street frontage. Said signs shall comply with location, height, sign area and sign proportions established in Section 8-87.34 b)." Section 7. That Sections 8-87.67 a) and d) 'Sigrs Requiring ddm_n_strat_'e Conditional Use Permits, of the Dublin Zoning Ordinance are hereby amended to read as follows: "a) One Identification Sign in any District, when used to designate t^>__ name, or the name and use, of a multi-family residential use,parking public building, CO inform the public as co the use of a lawful _a_k • area, recreation area, or other open use permitted in the District. • Identification Signs shall not exceed a maximum area of twenty-four 24 square feet, unless a greater area is approved through the Administrative Conditional Use Permit process. The height of Identification Signs shall be as sec forth in Section 8-60.55." -3- .0256 'd) Temporary Off-site Sale or Lease Signs which are intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure or establishment of a premises in the immediate vicinity of the premises upon which the sign is located, where said premises is located on a parcel of land without direct access or frontage on an improved public right-of-way, and where said properties are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded access easement.' Section 8. That Sections 8-87.60 Permit Procedures, 8-87.61 Compliance - • Sign Permit Application Required, 8-87.62 Application - Contents, 8-87.63 Application Approval, 8-87.64 Design Criteria, 8-87.65 Variance Procedure, 8-87.66 Signs Requiring Conditional Use Permits, and 8-87.67 Signs Requiring Administrative Conditional Use Permits are hereby " renumbered as follows: • Section 8-87.66 renumbered to 8-87.60 Section 8-87.67 renumbered to 8-87.61 Section 8-87.60 renumbered to 8.87.62 • Section 8-87.61 renumbered-to 8-87.63 Section 8-87.62 renumbered-to 8-87.64 Section 8-87.63 renumbered to 8-87.65 Section 8-87.64 renumbered to 8-87.66 Section 8-87.65 renumbered to 8-87.67 . ., Section 9. If any section, subsection, subdivision, paragraph, sentence, • clause or phrase of this Ordinance, or any part thereof, is for any • reason held to be unconstitutional, the validity of the renaininy • portions of this Ordinance shall not be affected thereby. Section 10. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. • PASSED AND ADOPTED by the City Council of the City of Dublin on this 26th day of January, 1987, by the following votes: • AYES: Councilmembers Moffatt, Snyder, Vo-heeder and Mayor • Jeffery NOES: Councilmember Regarty ASSENT: None Mayo' ATTEST: City Clerk' • • -4- -. n ORDINANCE NO. 18 88 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 7-86, RELATING TO SERVICE STATION PRICE SIGNS, SECOND H EEST ODINGHIIGG NS, CLARIFICATION OF ALLOWABLE AGGREGATE SIGN AREA, STREET FRONTAGE, SIGN AREA, ALTERNATE TYPES OF FREESTANDING SIGNS, VARIANCE FINDINGS, REFORMATINGIDENTIFICATION ENHANCE READABILITY. SIGNS, The City Council of the City of Dublin does ordain as follows: Section 1. That Section 8-87.24 H-1, C-1, C-2 and H-1 Districts - SIGNS PERMITTED (the third paragraph) of the Dublin Zoning Ordinance (Ord. No. 7-86, as amended by Ord. No. 6-87) is hereby amended to read as follows: "C. The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts with a Conditional Use Permit as set forth in Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS. 1. Directional Tract Signs 2. Community Identification Signs 3. Temporary Promotional Signs - Sixty-day Time Frame 4. Freestanding Signs (in excess of 20' height) 5, Time/Temperature Signs 6. Special Easement Signs 7. Second Freestanding Sign" Section 2. That Section 8-87.31 CONSTRUCTION MATERIALS - GENERAL REQUIREMENT of the Dublin Zoning Ordinance (Ord. No. 7-86, as amended by Ord. No. 6-87) is hereby renumbered to Section 8-87.30C. Section 3. That Section 8-87.32 AREA OF SIGNS of the Dublin Zoning Ordinance is hereby renumbered and amended to read as follows: "Sec. 8-87.30 A A. AREA OF SIGNS. The area of signs shall be cl put of t ed as the entire iren area within a single, continuous perimeter creating P yg omore ehtt eight straight lines enclosing the extreme limits of the sign; provided • in the case of a sign with more than one-exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any 'structure, or part of a structure, which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape or unusual architectural rfeatfeatures resnsshall be considered sign area and is subject to all pertinent [sign ord-rev3:7/88] 1 • 0 2513 n Section 4. That Section 8-87.30 B AGGREGATE ALLOWABLE SIGN AREA is hereby added to the Dublin Zoning Ordinance (Ord. No. 7-86, as amended by Ord. No. 6-87) to read as follows: "B. Aggregate Allowable Sign Area 1. The maximum allowable aggregate sign area shall equal the sum of the maximum sign area permitted for the primary and secondary • frontages of a building or business tenant space, subject to the provisions of Section 8-87.33 WALL SIGNS AND PROJECTING SIGNS. 2. Placement or use of aggregate sign area may be divided between either wall and projecting signs and/or a freestanding sign (including alternate types of freestanding signs). 3. When aggregate sign area is divided between freestanding (including alternate types of freestanding signs), wall and projecting signs, the sign area square footage allocated to the freestanding sign and alternate type of freestanding sign shall be derived proportionally from the maximum allowable aggregate sign area for the primary and secondary frontages. 4. The aggregate allowable sign area shall be reduced proportionately for each tenant space (based upon primary and secondary frontages) when more than one tenant benefits from identification on a freestanding sign (i.e., freestanding sign specifically identifies tenant or sign identifies name of center in which tenant is located). 5. The sign area of "Permitted Signs" (Section 8-87.50) shall not be considered within the maximum allowable aggregate sign area." Section 5. That Section 8-87.33 WALL SIGNS AND PROJECTING SIGNS of the Dublin Zoning Ordinance (Ord. No. 7-86, as amended by Ord. No. 6-89) is hereby amended to read as follows: "A. Where used in absence of Freestanding Signs, the maximum dimensions of Wall Signs and Projecting Signs shall be as follows: 1) Primary Building Frontage a) Maximum Sign Height - l'-9" for individual letters and 2'-0" where a sign can is utilized b) Maximum Sign Length - 60% of the business frontage, up to a maximum length of 24' c) Maximum Sign Area - 7.5 percent of the surface area of the building frontage available for signage (excludes sloping roof area) up to a maximum area of 42 square [sign ord-rev3:7/881 -2- feet, except when a Sign Program covering the property has been adopted through a Site Development Review process, the standard of the Sign Program shall apply (See Section 8- 87.30(B) Aggregate Allowable Sign Area). d) Minimum Sign Area - In no case shall the sign area be limited to less than 21 square feet in area except when a Sign Program covering the property has been adopted through Site Development Review process, the standard of the Sign Program shall apply. 2) Secondary Building Frontage(s)= a) Maximum Sign Height - l'-9" for individual letters and 2'-0" where a sign can is utilized b) Maximum Sign Length - 10' maximum c) Maximum Sign Area - 5 percent of the surface area of the building frontage available for signage (excludes sloping roof area) up to a maximum area of 17.7 square feet, except when a Sign Program covering the property has been adopted through a Site Development Review process, the standard of the Sign Program shall apply. (See Section 8- 87.30(B) Aggregate Allowable Sign Area) d) Minimum Sign Area - In no case shall the sign area be limited to less than 21 square feet in area except when a Sign Program covering the property has been adopted through Site Development Review process, the standard of the Sign Program shall apply. B. Exceptions to maximum height, length and area established for Primary and Secondary Frontage in Subsection A. 1) Primary Building Frontage a) Maximum Sign Height - Hay be increased subject to Site Development Review b) Maximum Sign Length - Hay be increased subject to Site Development Review (sign ord-rev3:7/88] , -3- 0260 1 c) Maximum Sign Area - May be increased to a maximum of 10% of the surface area of building frontage available for signage (excludes sloping roof area) subject to Site Development Review. 2) Secondary Building Frontage a) Maximum Sign Height - May be increased subject to Site Development Review b) Maximum Sign Length - Hay be increased subject to Site Development Review c) Maximum Sign Area - Hay be increased to a maximum of 7.5% of the surface area of building frontage available for signage (excludes sloping roof area) subject to Site Development Review. C. General Development Provisions for Wall or Projecting Signs 1. No part of any Wall Sign or Projecting Sign shall extend above the Roof Line of the building elevation on which the sign is displayed. 2. Attached Wall Signs shall be parallel with the building face and shall project not more than twelve inches therefrom except Wall Signs projecting from twelve to thirty inches from the wall to which they are attached are permitted with Site Development Review pursuant to Section 8-95.0. 3. Only one Projecting Sign shall be permitted for each business. 4. Projecting Signs shall not extend from the front wall to which they are attached a distance greater than seven percent (7%) of the Business Building Frontage or eight feet, whichever is less. 5. Projecting Signs shall be located within the middle one-third (1/3) of the front wall of the business building to which they are attached. 6. Projecting Signs shall have a clearance of eight feet above the ground and fourteen feet above a driveway, alley, or other vehicular access way. No such sign shall project into a public right-of-way. 7. Supporting members for Wall Signs and Projecting Signs shall appear to be an integral architectural part of the building and any required bracing shall be minimized." [sign ord-rev3:7/88] -4- - •• .� Section 6. That Sections 8-87.34 a) and b)1) FREESTANDING SIGNS, of the Dublin Zoning Ordinance (Ord. No. 7-86, as amended by Ord. No. 6-87), are hereby amended to read as follows: "A. Only one Freestanding Sign shall be permitted per parcel with an exception for parcels of four acres or greater in size located adjacent to I-580, I-680 or the Alameda County Flood Control channel property, in which case a maximum of two freestanding signs shall be permitted subject to approval of a Conditional Use Permit pursuant to Section S- 87.60 g) Signs requiring Conditional Use Permits. B. Freestanding Signs shall be subject to the following conditions: 1) Location a) No Freestanding Sign shall be permitted within the required front, side or rear yard setback areas; b) All Freestanding Signs shall be located in a planter of appropriate dimension; c) All Freestanding Signs shall be located within the middle one-third (1/3) of the street frontage when said Freestanding Sign is within twenty (20) feet of said street frontage. The corner portion of a corner lot shall be considered the middle 1/3 of the lot's street frontage. d) All Freestanding Signs shall in no case be located closer than fifty (50) feet from the right-of-way of an Interstate Freeway; e) No Freestanding Sign shall project into a public right-of- way." Section 7. That Section 8-87.34 b)3) FREESTANDING SIGNS SIGN AREAS of the Dublin Zoning Ordinance is hereby amended to read as follows: "3) Sign Area a) Aggregate allowable sign area is subject to the provisions of Section 8-87.30B. b) Maximum sign area shall not exceed thirty )fsq square t rerfeet for double-faced signs or fifteen (15) square single-faced signs when said sign is located on a street frontage property line; c) The maximum sign area may be increased five (5) square feet for double faced signs or 2.5 square feet for single faced signs for each one (1) foot the sign is set back from the (sign ord-rev3:7/88] -5- 0262, nearest street frontage, not to exceed one hundred and fifty (150) square feet for a single faced sign or three hundred (300) square feet for a double faced sign; d) The maximum sign area for double-faced signs shall be twice the amount permitted for single-faced signs, with the sign surface area split equally between the two sides of the sign pursuant to the maximum permitted area (Section 8-87.3483);" • Section 8. That Section 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS of the Dublin Zoning Ordinance (Ord. No. 7-86, as amended by Ord. No. 6-87) is hereby amended to read as follows: "Section 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS A. Alternate types of freestanding signs shall not be subject to the Provisions of Section 8-87.34 FREESTANDING SIGNS. B. All alternate types of freestanding signs shall be subject to Site Development Review, pursuant to Section 8-95.0, to assure the signs conform to the established or proposed design theme of the subject property's signing program. C. The use of an alternate type of freestanding sign shall be in lieu of any other freestanding sign. • D. All alternate types of freestanding signs shall be located within a planter of appropriate dimension and shall have their means of support concealed. E. All alternate types of freestanding signs should indicate building address(es) of the building and/or complex they serve. F. All alternate types of freestanding signs are permitted to locate within the required setback areas. G. The following chart summarizes the dimensional, tenant and copy restrictions for alternate types of freestanding business signs. Maximum Maximum Parcel Tenant Number Copy Height Area Frontage Restrictions Restrictions (Sq. Ft.) (Minimum) (Min./Max.) 1. Low Profile Sign 6' 24 none no standard As established by Site Development Review [sign ord-rev3:7/881 -6- 100' no standard Name of 2. Office Building 8' 50 Complex Master Identifi- or institu- cation Sign tional use no standards Name/and 3. Display Station 8' 32 none General Type Display Structure 100 none 10 tenants min. Name of 4. 'Shopping Center 25' Center Master Identifi- cation Sign , 25-32 none 5 tenants min. Name of 3-10 5. C-2-B-40 8 tenants, and Directory Sign of name of complex (optional) and address • range H. Shopping Center Identification Signs shall be located at one or more of the main entrances in the shopping center. I. Service Station Display Structure Signs may be combinedw sign permitted Service Station Price Signs (see Section 8-87.50K). The maximum areas for the combined sign (Service Station Display Structure and Service Station Price Sign) shall not exceed 64 square feet or 80 square feet when a four fuel product or greater price sign is combined with the Service Station Display Structure. J. Alternate types of freestanding signs shall be subject to the provisions of Section 8-87.30B Aggregate Allowable Sign Area." Section 9. That Section 8-87.36 ILLUMINATION, Section 8-87.37 OBSTRUCTION OF TRAFFIC SIGNAL OR MOTORIST'S VISION, and Section 8-87.38 FREESTANDING SIGN LANDSCAPING of Dublin Zoning Ordinance (Ord. No. 7-86, as amended by Ord. No. 6-87) are hereby renumbered as follows: • "Section 8-87.36 Renumbered to 8-87.30 D.) Section 8-87.37 Renumbered to 8-87.30 E.) Section 8-87.38 Renumbered to 8-87.30 F.)" Section 10. That Section 8-87.39 SIGNS ACCESSORY TO BUILDINGS WITHIN A REQUIRED YARD, of Dublin Zoning Ordinance (Ord. No. 7-86, as amended by Ord. No. 6-87) is hereby amended to read as follows: ` "Sec. 8-87.39 SIGNS LOCATED ON NONCONFORMING BUILDINGS WITHIN A REQUIRED YARD. Signs shall be permitted on nonconforming buildings located wholly or partially within required yard setback." [sign ord-rev3:7/88] 7 Q2G4 APPOINTED SIGN ORDINANCE TASK FORCE PHONE/ NAME BUSINESS ADDRESS FAX 803-0564 1 Bangoli, Denise Salvation Army 6625 Dublin Boulevard No fax # 829-7750 2 Bevilacqua, John American Speedy Printing 7000 Village Parkway 828-2631 769-1010 3 Boersma, Ed Allsafe Self Storage 6250 Sierra Lane 769-1214 829-6360 4 Capron, Bob Custom Fireplace 7111 Amador Plaza Road 829-8647 829-5558 5 Dettenrieder, Eric Water Brewery & Cafe 6890 Village Parkway 829-9265 ) 828-6200 6 1 Feeley, Nancy Dublin Chamber of Commerce 7080 Donlon Way #110 828-4247 829-5000 7 Harris, Roger Sign Pro 6616 Dublin Boulevard 829-5800 803-1813 8 Hulbert,Herald Evan Allen Apartments 7495 Donohue Drive 828-2985 829-6519 9 Johnson, Don The Imprint Works 7603-A Amador Valley Blvd 829-6590 828-6500 10 Jones, Les Crown Chevrolet/Buick 7544 Dublin Boulevard 833-2616 829-8100 11 Nokes, Maureen Hometown Brokers 7000 Village Pkwy. , #A 829-1219 829-5610 12 Schultz, Kathi Sanwa Bank 7533 Dublin Boulevard 829-2962 380 Moraga Rd. , #19 376-4528 13 Sutton, Phyllis Hucke Properties Moraga, CA 94556 547-5067 828-5151 201.14 Woodward, Roger Corwood Carwash 6973 Village Parkway 829-4933 /sotf2 12/16/93 N Ala""�'• Yy 7544 Dublin Blvd. RECEIVED P.O. Box 2010 Dublin,California 94568 (510)828-6500 JA N 0 7 19°4 -- ALIA PLANNING DATE: January 6, 1994 TO : David Choy, Associate Planner FROM: Les Jones, Crown Chevrolet +' Roger Woodward, Corwood Car Wash RE Sign Ordinance Material The following comments are in response to the memorandum dated December 21, 1993 requesting "constructive comments for addressing/resolving the identified major issues" with regards to the sign ordinance. 3_ 1) We recommend writing a new ordinance. 2) We recommend expanding the scope of the sign task force to include the drafting of a new ordinance. 1 3) We recommend making the ordinance less specific. It trys to address too many specific issues; more flexibility is needed. Empower the staff to use their discretion. 4) We recommend that for auto dealerships, at least one sign be permitted for each franchise brand sold by said dealership. For example: Cadillac/Oldsmobile = 2 signs Chrysler/Plymouth = 2 signs Ford = 1 sign Chevrolet/Buick/Geo/Isuzu = 4 signs 5) Allow all large parcels to have more liberal sign allowance, not just large parcels of four acres or more next to 680/580 as it is now. (Section 8 - 87.60 G, page 20) 6) Consideration of revising setback ordinance. J1L (Section 8 - 87.34 B-2 page 12) Current setback ordinance is counterproductive. Setback penalizes "Where people the business/diminishes visibility. make the difference." ATTACHMENT 3 �. I . a - —J1i' 7544 Dublin Blvd. P.O.Box 2010 Dublin,California 94568 (510)828-650(1 --1-': 7) Two sided signs should not be penalized. Square footage requirements should be calculated as if it had one side. 8) Ordinance is fine for wall signs. It is our suggestion - - that we keep that portion for the new ordinance. 9) Currently there is a minimum two week wait for sign J-ri...,., ., permits. Other cities are much faster. Recommend \ 11,':l- that the staff be able to approve over the counter permits if the sign meets criteria of the ordinance. 10) Grandfather all existing legal non—conforming signs , , to start fresh with a new ordinance. I � ao4 11) Exclude from ordinance area of sign calculations any governmental required posting signs. 12) Allow staff flexibility in determining business categories when a particular business does not fall into a clear cut category. 13) Require the city to make every effort to try and prevent city trees and landscaping from blocking visibility of business signs. "Where people make the difference." ATTACHMENT 3 ' r 1 January 7,1994 r. To: David Choy N + a 1994 City of Dublin, Planning Department From: Maureen Nokes City of Dublin, Sign Task Force Committee Member Re: Real Estate Open House Directional Signs Please find attached, the real estate open house directional sign requirements from the adjacent cities of Pleasanton, Livermore (recently revised), and San Ramon (currently under revision). Certain features of the ordinances vary little from city to city, in particular the features pertaining to the number of signs, size and color of signs, and permitted times for display. The feature that seems to have caused the problem to Realtors and city alike, is the feature pertaining to the prohibited locations for placement of signs. Signs are not permitted on the public right-of-way or on sidewalks. To access Dublin's residential neighborhoods potential buyers must follow a route that begins on either San Ramon Valley Blvd., Amador Valley Blvd., Dublin Blvd., or Village Parkway. There are certain points along these streets where there is no 'legal' location to place an open house sign. Therefore we have a problem of illegally placed signs which are then subject to confiscation by the city. The focus of the Sign Task Force is to work with businesses to more easily identify their location and product. The Realtors' 'product' are Dublin homes. The more accessible the product the faster the sale, the faster the sale the faster the property tax increases benefit the City of Dublin. The cities of Livermore and Pleasanton have location features in their ordinances which work well for both Realtors and city. Routes to properties are visibly accessible without being unsightly, or causing any safety hazard to the public. The Southern Alameda Association of Realtors will do the following in the event revisions are made to the ordinance: print the revisions in the Realtor Guide, a bi-monthly magazine which is received by all members of the association, send copies of the revisions to all Tri-Valley offices immediately, and have the revisions announced at the weekly marketing meetings in each of the Tri-Valley cities. Please find attached a proposal for the revision of Dublin's Sign Ordinance as it pertains to real estate directional open house signs. ATTACHMENT 3 CITY OIL DUBLIN SIGN ORDINANCE ' Real Estate Open House Directional Signs ( Proposed Revisions ) rtr44 s.. Alorsou Alci; , CITY # SIGNS SIZE/ PERMITTED PERMITTED PROHIBITED COLOR LOCATIONS TIMES LOCATIONS en House sign s Signs can not be placed within a five foot Dublin Open House: A Cannot exceed Signs may be placed on Op � radius of a call box, fire hydrant, or mail 833-6610 maximum of 4 four square feet a sidewalk or planter pennitted on agent box. off-sight signs above grade. strips(between tour days, Saturday, for each sidewalk and curb)as Sunday, and Holidays property. long as they do not between 10 a.m. and Signs can not be placed within the median or ) impede the flow of sunset. center divider, roadway island or in the pedestrian or bicycle street. traffic nor block the sidewalk handicap Signs can not have additional tags, riders, ramps in any way. streamers,balloons or other attachments. Only one sign per property may be placed Note: Agent tour • at an intersection. days are not specified for the reason that, Open house signs are shortly after . permitted on private Livermore revised property with owner's their sign ordinance permission. the local Realtors tour day was changed, requiring an additional change to the ordinance. ;a: � c' A ....4 , , . CITY # SIGNS SIZE/ PERMITTED PERMITTED PROHIBITED COLOR LOCATIONS TIMES LOCATIONS Dublin * Open House: A Can't exceed On private property From 10:00 a.m. No signs are permitted on the 833-6610 ' maximum of 4 four square with the owner's Friday through public right-of-way. This includes signs for each feet above permission. Sunset Sunday. the sidewalk adjacent to property property. grade. lines, center divider strips, traffic From 10:00 a.m. to islands and public streets. 1 p.m. Tuesday. Signs can't be attached to any public sign post, traffic signal or utility post. Signs can't be placed where they could disrupt the normal flow of vehicle or pedestrian traffic or block the view of such traffic. s cts w w R CITY # SIGNS SIZE/ PERMITTED PERMITTED PROHIBITED COLOR LOCATIONS TIMES LOCATIONS Pleasanton Shall not Signs shall be Signs can be placed on Signs may be Signs can't be placed within a five- 484-8023 , exceed one on- freestanding a sidewalk or planter displayed Monday foot radius of a call box, fire sight and three A frame or strips (between through Sunday hydrant or mail box. off-site Open sandwich sidewalk and curb) as from 10:00 a.m. to IIouse signs. board style. long as they do not 6:00 p.m. or 10:00 Signs can't be placed within the (Phis doesn't impede the flow of a.m. to 8:00 p.m. median or center divider,r roadway include the on Signs shall pedestrian or bicycle Daylight Savings island or streets For Sale sign). not exceed an traffic nor block the Time. overall height sidewalk handicap Signs can't have additional tags, I of 36" from ramps in any way. signs, streamers, balloons or other the ground attachments. with a maximum dimension of 24"X 18". San Ramon Cannot Open House signs Open House signs No signs are permitted on the exceed 36 permitted on must be placed public right of way. Nor may they inches in weekends until 5:30 behind the be attached to a fence, wall or height and 4 p.m. and Thursday sidewalk. vehicle nor be on a median strip or square feet in and Friday until 2:00 sidewalk. size. p.m. I s rn Gv CITY # SIGNS SIZE/ PERMITTED PERMITTED PROHIBITED COLOR LOCATIONS TIMES LOCATIONS Livermore No restriction The Signs may be placed Signs may be Signs may not be placed in the 373-5200 on total maximum on two independent displayed on paved area of the street or median number. size is 4 access routes leading Friday, Saturday llowever, only square feet. from the nearest and Sunday during one sign per major streets. daylight hours property may only. be placed at an Signs must be placed inter-section as so that a minimum of long as it does 4 1/2 feet remains not exceed the clear on the sidewalk maximum of for pedestrians. three signs per corner at any Only one sign per given property may be intersection. placed at an intersection as long as it does not exceed the maximum of three signs per corner at any given inter- section. atmo �� s fb eft) v,i w rt T r i Printed Spgrtswear. ■ Trophies • Business Gifts DATE: January 8, 1994 RECEIVED TO: David Choy, Associate Planner 1 1994 FROM: Don Johnson, The Imprint Works RE: Sign Ordinance "Constructive Comments" bl !EN PLANNING 1. Signs requiring Administrative Use Permits should be permanent information signs, i.e. wall, pole or monument signs. 2. The application should require only information regarding the sign. Site plans and other information regarding the location are in the city's files. 3. Promotional signs (banners, window, wall and balloons) should require a simple form one side 8-1/2" x 11", with "who, what and when" information. 4. Promotional signs should be allowed for 30 days per quarter or a total of 120 days per year. 5. Grand Opening promotional signs should be allowed for 45 days. 6. Each business should be allowed two locations for wall signs. Primary location at the main entrance and secondary location at the business owners' choice. 7. Shopping Centers and individual businesses should be allowed monument signs at each entrance driveway displaying the names of businesses closest to that entrance. 8. Auto Dealers should be allowed to display company signs for each manufacturer. 9. Standard size for free standing signs: Pole sign (Circuit City) 24'-35' high, 11'x14'x 2 sides (308 sq. feet) Monument sign(7900 Dublin Blvd.) 15' high, 5'x8' x 2 sides (80 sq. feet) 10. All current signs should be grandfathered to the current owner. 11. The Sign Ordinance from San Ramon seems to be the most concise and to the point. They have ten pages of small print. ATTACHMENT 3 f 9 7603 6mcdor Valley Blvd., Suite 6 ■ Dublin, C6 94568 ■ (510) 829.6519 +/� �� rptt rieti‘Ativaik-rr 05-rgi AT 1-!o-9( Og..p er r -�'" T � �' WrrFer T - p,0-r-rt7s/) . /4 'r : O / .S 'U , q) gE`" 6c4kri-fle, �it.T�h'TIfi7�.�' �ik) Tidu(l rLL� 5) 5:1141vgy EN .77/1 37":1, ATTACHMENT 3 -lir • ir- s-- w----11---Ar-e---:-Arritatia4trati-_-,Aw _ilk -EN 6.4 an am .... MOUNTAIN VIEW CITY CODE - CHAPTER 36, ZONING 36.xx Sign Stand.._'.:'s • B. Signs Permitted in Commercial Zones (CN, CS, CO, CRA) • Maximum Maximum Maximum Location Lighting Sign Class Sign Type Number Sign Area Sign Height Requirements Allowed? Additional Requirements Sltes• . f. ingteHU,ilditti s Nbf'Pnrt ` ,: ;..;: ..:::.. ;:; :;;:.: .•: :::. .:: L11n1 a Center :: . . Business Wall or canopy 1 sign per .5 sq.ft. per lineal 12 ft. May be on wall or Yes Allowed aggregate sign area identification frontage per foot of occupancy canopy. does not include permanent occupant, frontage to a Second sign may window signs. max.2 signs max. of 75 sq.ft. have 2 faces(64, per business in CN, 100 sq.ft. sq.ft. max. each (. elsewhere. face) suspended `Ati, In addition, 1.5 from canopy, ) sq.ft. of sign area eave, etc., 7 feet per lineal foot of or higher above111 bldg. rear face to sidewalk. a max. 50 sq.ft. if1.1 a public rear entrance exists Window 1 per window 25%of glass N/A Permitted on No, except Allowed aggregate(permanent) area on which P all sign area interior or exterior for neon tube shall include all wall signs. sign is placed of window or door characters li Monument 1 two-faced 200 sq.ft. in CN 8 ft., or 4 ft. May be within 5 ft. Yes Planter base or landscape area sign per street 150 sq.ft. in CS, above top of of street right-of- to be provided equal to 4 times frontage CO, CRA planter or berm way. the area of one sign face. Shall not create a traffic hazard at corners or driveways. Business Pylon sign 1 two-faced 100 sq.ft. per q May be in land- Yes Signs may not orient to -71.111 identification consistent with sign per site sign face in CN, scaped setback freeway design guidelines 75 sq, ft. per sign . face in CS, CO, CRA Drive-thru Menu board 1 per building _ . 6 ft.sq.ft '� �, restaurant Yes Shall not face the street. A Shall not create a traffic hazard V (Continues) at corners or driveways. '11'1 October 25, 1993 -- Administrative Draft III-66 MOUNTAIN VIGW CITY COOL•-CIIAPTGR 36,ZONING Sign Standards 3vr.xx B. Signs Permitted in Commercial Zones(CN,CS,CO,CRA)-Continued Maximum Maximum Maximum Location Lighting Sign Class Sign Type Number Sign Area Sign Height Requirements Allowed? Additional Requirements Shot with Multiply Tapantar and Shopping Cantos • Business Wall or canopy 1 sign face 100 sq.R. 12 R. Shall be on wall or Yes Coordinated sign program ' identification per bldg per canopy,not required(see 36.xx.xxx). 3 street or projecting into parking lot street right-of-way. Signs to consist of individual ift`;11 Imntage. mounted or painted letters. Max.2 signs ^ per business Aggregate sign area shall not exceed 2%of ground floor,or , `i 0.5 sq.R.in CN for each lineal t toot of parcel frontage, whichever is greater. i additional unlighted pedes- tnan oriented sign of 3 sq.tt. max.area per face allowed per tenant,hung from canopy and perpendicular to building. Window 1 per window 25%of glass Permitted on No,except (permanent) area with sign interior or exterior for neon tube of window or door characters Center Pylon or pole sign 1 two-faced 75 sq.ft.per lace Not to exceed Outside of street Yes Copy limited to name of the identification per street 150 sq.R.in CS the lesser of 20 right-of-way center and/or one major tenant frontage,per h.,or the height on sites of 4 acres or larger. parcel of the idenGlied Copy limited to center name structure and 5 or lower tenants on sites ) s smaller than 4 acres. Provide a planter base or landscaped area equal to or S greater than 4 limes the area r of one sign face. Monument, 75 sq.ft.per face 6 Il.,or 4 n. Outside of street Yes Coordinated sign program oV (Continues) above top of right-ol-way required(see 36.xx.xxx) 1, berm or planter October 25,1993 Administrative Draft . IOW rreF/ sibs/ 797 V//ye kiv/ �I r , "O } ;(c-, - 1 GMt:i--(0:1@ 11 1::st'7 1 - S-.el 11 ) L \-1z1IGLocl 1 . . 1, 1 , 0 I, i 1 , c-1.1, • . • . •• si s. .,... . . ... . , 1 ; I _:__ _� . . (e....,_(...e1 J •. .. _ . . _.. ,. . .....: . . . _ 4 o„ 1 .. 1 S il . . .. .. _ _. . ... . .. .. . . • 1 . _ • ... _ - 7 0 ._. .. , . _ _ . . 1 , . . . • , , „Lot . . ? - , . .. _ . . , .. , . . ..._ _ . 1 . . . . _. , , . . .. . • .. . • . . , .. _ ... , , ___,________________. _ . . , . . . _. ...•. . . • _ . . Q,r.:T. )Lwti.re,=;.-1 L.:!--).s.---,T ti,iS?:..tY St _ - ,_ t % o • 31 x gi= /2 s/' rec cite/� ATTACHMENT 5 • 6ro� $vi-anv4 ii9,fstxx rripi ) 1Iy•6Tu_o5 ' (4)Q ' T'CE(r.. 6t&I # 1 a;oa O llaje. T'Kwy. 'III I —0" 1,,1., ) i s10 LLi.L.,-1,NATED L' R ) w OPERATING ENGINEERS k r_p eli._ ,-i,.�s LOCAL UNION N0 3 I n - FEDERAL CREDIT UNION -- li Nib ` ' 63OO 4- . = - . I C ua �O • m \ A (I)Dou.5L FAG>G. No.0 _1_!-L•uM1.NATED-., IroticKel _MoNu-.M.ENT.__ I6 1._W IiK..F1.PrT_.CMT__.QuT__A_ -(A.ns,:_____ ) -1E2T_EK,S., -QAINTED ,pA__KK 'a. ON.Z. _.o.N_ .P.(✓J_G-.e.._-- QEtGK._lrRo-td.NQ......_ . __.._ . ..___ 8'5" X l'u" - /1.065.-k' roc s,V� X Z5ihc = 32.as - r>'/ CU5h.ER OP P._4'f[NG- en'GIhIEF_2S • lh BAY SIGN & AWNING ADMESS (,300 ,)(LLA6-6 PKZsl, at..k.But-I 1647 Willow Pass Road•Suite 235,Concord,CA 93520 • PROJECT Telephone(4 15)709.0826 Fax(4151709•0829 Canaan.* • U'gk'll vrl'+'ira1'7v7 't-.',rovra r 1.7/.171z,.rc1 grv-11t^ °oef -o, Lit -1 \ vIN �'} Gi 1r QC 11:,, !; dZcr--lci 1.v/,,7Izid� ';t't f..5 2S.9 : (wilimr w $) ,,6/X ,h Jjr�*' S 2 _ 117 a I�tJO�I ��( ,h '- /,'1`� ) lull 1 z iti v __r n - vid raii+nrN-': vv11-=ji Ita"a -.-/\N-aIT ori0•a —r _ •j 4,,,la n 1VW of 114r VA O( .. .. . 1 . 0 C 6 9 0069 { s �;. k q H7 •Y LVr a Jr vrl Ir vie, O� II i r9A4 .tv141-1•1414 9t,w-e. pvi iilfri--1vU.faw' �(�� l n�y� ['� --... r4 ",ld !1.11.ry Wc1 19Nrrt No -e--01 1.IYf r #. :660'U LI 1= (laSV Clit, Ip(7ll'id-Wf dFic, )0;Mai,0. �T/�i�r�-- \ LLd V 71 I 1 I R1 iI 01'9%S �s yal id C� A,.y rn• 0 z Qh-I1-2-2 u.9 ._t, o' Nv/d( a'15 J7 D Q- .�,r1.- .arn " (n • ....-..--____ ---. . ... ) '\ ----- -.....2.----- , --.- ....... ...,, N. 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' ... .it:-..1,.s, '.?"'• - ——---- -- — 3. • .?:7-'?...-1.--'- .•''.7..--. . , - 126----'7/ (--------- r ,,,_•,•,':. .:,-:-. ,-;,.., ./. /3 . . r•-.In• ---------.________ • wk. _ - - 4% _ t It J H Waft � k - ‘..4z1 its) INN +a < -Li\ 11* 111111 .NMI ° Mini I - - - ;,� M :- it o cCO II II,, ,-, , , No.,„ i _CD _ ,, v\ c� N frki) It i Al• . 1 71" ...., , ,s< ,_ , , latrA2. �iva/N4 , Div 210 o // 799/ or Ktiky 737iii. �� Y 9O1 III 'W3 IS�— 6 111 I (' Y fH CO4JT -Bns irci yq = ,,, \ S v� i T err — — tip.a�ld v c tiuo. 'Iu. s '< t o' Li.l Mac Fc ugal's ' 6 I I• ol.irt w Ca.-ITr a ..C4r n°f 44K.4 rcIAM 7 s,.i.i ti.-AvA91m`'. (Bar�ains•Close-oufs� II C" r �'1"'" J , ,..�„ /7 _91 /i 0,1. 1. jo'lK.ii rri � J_____ Mac Fru al s I g /A r,5. -2 3; GyZ'9y' (Bargains•Close-outs) ' /=3 I i IXfwl.-0 Hnc raucpl.51 txpin( I..tl-II,ol BACNGRQMDt M.6rwp.'. MIITE 3H WAGE QIAPNCS SCOTOIVL ilLM(XJ0-20 i Er u .RR Bvvon.,CYT BRIGHT YELLOW 3w WAG:Q+MNCS SCOTQICAL 0YY/5622 It Clono-.1. Pain-4.,.Jo wih(D COPT w.drvpd'. BLUE Jw 1wAGE QIAPHCS BCOTWCAL TRANSWCOIT nun(VT-2Bo0,1/4'BLAQ((/.TB30-22)TRIM Y ! B.pa.,. RED 3M IMAGE GRAPHCS SCOTCH./ i IRA/SBJO-73,1/4'BLACK(N430-23)TRW I ORCIE BILE 3w WAGE ORAPIMCS SCOTLTICN.TRANSLUCENT l - D vInV .. 01Lw/vf-2B00,1/1'BLACK)O3630-22)TIB3 Clow-out. RED3l1 IMAGE GRAPHICS SCOTEHCAL 94,4.•Il•d my 0830-73.1/4'BLAQ((PB30-33)TRtw %71.11 _ _ ILLUYIHAOQI - 600IA HIGH 0U1PUT COOL R411E LAMP 4-LWP ooL1A I(OEo63Ts1)OR EIRRYAILIT BiB Rw0_01 1 _ . e. bkey.1n Nib Groh.* 6,441Art•r")_ SIGH.CASE 4 . BLACK 22 GAUGE SHEET METAL PRIMED AND N,4Ct'p PAINTED TATH GRIP-GARD/60T-BN LI sw�.�n 4' EgUwi.ILo[�I QR HHIRATGIE On O002-SATW MAQ( pa r. Pi' Tr" r>J '' . ♦ Err ,.. T .. 0 ri /lb J M„ C t l 3 ! 4'L!, IS-G a Fes.b .63•Jot H3/RtPW4G r)t41 9i`T'1 ir(? -,) — grV.DY1Y.9•I CagGa✓w(_/c4✓ E- A 2.JUIJ q3 GHI- •eC•� D -,,,IA r-ti- U/(I1-tj IU.IA-).5V1I- o1-1 C4u pier 6L17'('brz). '�d_II,a c...AP.... D.. G.,... I,I,a f+',Iswl4.citxi~R.acV...- s PPG 10,0-)w u.u61 �',Y.�J(� .w.,,e WALK/a u31 ..�. + t•i"q _ I..m.Aa..•.I °' anal wetllJ,r•. 444aa .031L.Lair. CyAC b1 N'�I) o""fl'W . ., ' ' , ...A.* I//�{ly Om f�/z7/7' s....., w3nun I 'S.�e..l0eu.vlumis IK1E"*. I�iJk•r G .). //{�DD.wEYRA� 1� �[{{ •'a D.w..A.P..,V� D..•7 as 7 j 13.1. H•. G . 6IwI 1 M L..... - LL1�6 * r.+..IM A..... a. ...1n.,......H 0.. , n"I>E„p... I...Aoaw VI(AV O(Dtl41134f V/f v,LXisNp..l .m,.. .n . ........... ... ..... . ... . .. .................. .m .s.u..-....a•,.•.�.a...m.•.>m*,•� - I X Z c es '- 3Cb •-rs' 0 1 • � Chanter 3 Signs Sections: Of A / D4-300 Specific Purposes D4-302 mp Sign s D4-304 Exempt Signs D4-306 Regulations for On-Premise and Off-Premise Signs D4-308 Miscellaneous Signs D4-310 Illumination;Movement D4-312 Prohibited Locations:Sign Types and Messages D4-314 Maintenance;Abandonment and Removal D4-316 Master Sign Plan D4-318 Design Review D4-320 Zoning Permit Required D4-322 Sign Code D4-324 Required Inventory of Illegal or Abandoned Signs D4.300 Specific Purposes In addition to the general purposes listed in Division D1,Chapter 1,the specific purposes of sign regulations are to: A. Provide each sign user an opportunity for effective identification by limiting the number and • area of signs permitted on all sites. B. Maintain and enhance the quality of the City's appearance by limiting off-premise signs to \ avoid clutter and by subjecting certain signs to design review. C. Enable users of goods and services to identify establishments offering services to meet their needs. D. Regulate the number and size of signs according to standards consistent with the types of establishments in each zoning district. E. Protect residential districts adjoining non-residential districts from adverse impacts of excessive numbers of sizes of signs. D4.302 Definitions For purposes of this chapter,the following words shall have the meanings set forth in this section. A. Abandon ri Signs'means a sign which no longer directs,advertises or identifies a legal business establishment,product or activity on the premises where such sign is displayed. B. ',Advertising Structure Sign'means any sign which is intended to promote gnMs and servics off-site. C. 'AnimatedAnimatedS=ig4'means any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting. D. Awnin is a temporary shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. DIVISION Da/CHAPTER 3-Sigru 171 • ATTACHMENT 6 - . E. "Banner Sign"is a temporary sign composed of lightweight material. t"' F. "Sanoov'is a permanent roof-like shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way. G. "Changeable Cony Sigq'is a sign where the copy is changed manually or electrically. H. "Construction Sim"is a temporary sign identifying the persons,firms or businesses directly connected with a construction or development project. I. "Directional Sign"means an on-premise incidental sign designed to guide or direct pedestrian or vehicular traffic. J "Directory Sim"is a free-standing or wall sign intended to identify two or more tenants of a specific site,located to direct internal circulation. K "Flag Sim":see"Freestanding Sign." L. "Flashing Sim"means an illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a non-constant illumination. M. "Free-Standing Sign"means a sign erected with a free-standing frame or support,mast or pole and not attached to any building. This includes'monument signs","detached signs', and'pole signs'. N. "Frontage'is the linear length of a building or lot facing a public way or which contains a public entrance. O. "Incidental Sim"means a small sign pertaining to goods products,services or facilities which ( are available on the premises where the sign occurs and intended primarily for the convenience of the public. P. "Marquee": See"Canopy". Q. "Monument Sim"means a free-standing sign with a solid base. R. "Moving Sign"means any sign or device which has any visible moving part,visible revolving part,or visible mechanical movement. S. "Neon Si "y means a sign which is composed of neon tubing in some definite manner and not an integral part of the building's design. T. "Off-Premise Sic'means any sign which advertises goods,products,services or facilities not necessarily sold on the premises on which the sign is located. These signs arc also known as off-site signs,billboards,and poster panels. U. 'Pole Sign': See"Free-Standing Sign'. V. 'Penthouse Sim means any sign which is affixed to a roof-mounted equipment storage area. W. 'Political Sign"means a sign designed for the purpose of soliciting support for,or opposition to,a candidate or proposition prior to public election. 172 SAN RAMON ZONING ORDINANCE `r X. 'Portable Sim'means any movable sign not permanently attached to the ground or a building,including but not limited to stick signs,push signs,A-frame signs or pennant signs. Y. "Proicctine Sims'means a sign which is attached to and projects from the structure or building face,and is not parallel to the structure to which it is attached. Z. "Public Information Si®"is any sign intended primarily to promote items of general interest to the community such as time,temperature,date,atmospheric conditions,news or traffic control,including warning signs. AA. 'Real Estate Sim'is any temporary sign pertaining to the sale,exchange,lease or rental of land or buildings. BB. 'Roof Sign"is any sign erected upon,against,or directly above a roof or above the parapet of a building. CC. 'Rotative Sims"is any sign or portion thereof which physically revolves about an axis. DD. "Sim'means a visual communications device used to convey a message to its viewers. A sign shall mean and include every advertising message,announcement,declaration,insignia, surface or space erected or maintained for identification,advertisement or promotion of the interests of any person,entity,product or service. EE. "Sims Area'is the space enclosed by the outer dimensions of the sign.When a sign is painted on a building,fence,wall,window,or any other structure,within any border,and with its background the same color as the wall of the building or other structure,the area of the sign shall be computed by enclosing the area containing working or other images within ++ sets of parallel lines and taking the area thus enclosed. ii FF. 'Special Events Sign"is a temporary sign advertising or pertaining to any civic,patriotic,or special event of general public interest taking place within the city. GG. 'Temporary Siffi means a sign which is installed on the first floor of a building for a limited period of time. HH. 'Temporary Window Sims"means a sign painted or constructed of paper or other lightweight material installed on the first floor of a building and affixed to the interior or exterior side of a window or glass area on a building for a limited period of time. li. "Wall Sims'means any sign posted or painted or suspended from or other otherwise affixed to the wall of any building or structure in an essentially flat position,or with the exposed face of the sign in a plane approximately parallel to the plane of such wall. Any sign suspended from any placed approximately parallel to the front of a canopy,porch or similar covering structure shall be deemed to be a wall sign. D. 'Window Sign'means a sign affixed to the exterior side of a window or glass area on a building or within five feet measured horizontally from the interior side of a window or glass area on a building. DIVISION DA/CHAPTER 3-Sign 173 D4.304 Exempt Signs / The following signs are exempt from the regulation of this chapter unless approved as part of a Master Sign Plan pursuant to Section D4-316 of this Ordinance: A. On-premise signs having no letters or symbols exceeding three inches in height,provided that maximum window coverage permitted by Section D4-306 shall not be exceeded. B. Street address numbers conforming to Title C,Division 12,Chapter X,Building Securiry. C. Public information,identification,special event,and directional signs erected by a public agency. D. Names of buildings,dates of erection,commemorative tablets and the like,when carved into stone,concrete or similar material or made of bronze,aluminum,or other permanent type material and made an integral part of the structure. Such signs shall not exceed 4 square feet in area and shall not be illuminated. E. On-premise parking and other directional signs,not exceeding one two-faced sign per entrance,not exceeding two square feet,with letters or symbols not exceeding five inches in height., F. Non-illuminated wall signs not over two square feet in area,displaying the name of the tenant or resident,and/or the address at the entrance of each tenant space. • G. Signs manufactured as a standard,integral part of a mass-produced product accessory to a commercial or public or semipublic use,including telephone booths,vending machines, automated teller machines,and gasoline pumps. H. Credit card,trading stamp,or trade association signs not exceeding one-half square foot each. I. United States,State of California,or City Government flags shall be mounted or flown no higher than the maximum building height of that district. J. Signs within a building five feet or more from a window. K. Holiday lights and displays not advertising a product or sale,erected no sooner than 45 calendar days before the holiday and removed within 14 calendar days following the holiday. L Signs for the California State Lottery,approved by the Lottery Commission for display by Lottery Game Retailers. M. On-premise 4x4 wood stake real estate signs. 04-306 Regulations for On-Premise and OfT-Premise Signs The following schedule prescribes regulations applying to signs visible from a public right-of-way for each zoning district and for service stations. Letters in parentheses in the last column reference additional regulations following the schedule or located elsewhere in this Title. 174 SAN RAMON ZONING ORDINANCE KI(,UI,A I1ONS IC)K ON-1'KVMISI1 ANU()UV-PREMISE SIGNS AG;PO;()S; RR;K1i, KM;RMII; OA;M;IC OL CC,CI (S;II,1G Service Additional P,I'S KS R11 - Statioac Regulaticra Oo.peenxue wall As prescribed IS'max.ht.; 15'max.hi. 15'max.ht. 15'max.hi. 15'max.hi. 15'max.ht. 15'max ha. (A0)0Ixl) sigma by amditional 10%of wall 10%of wall 10%of wall 10%of wall 10%of wall 10'9 of wall 10%of wall use permit area;I/street area;1/street arca;1/street area;1/street area;1/street area;1/street area;1/street frontage frontage frontage frontage frontage frontage frontage Oo-premise As prescribed 3.5'max.hi.; 5'max.by 12'max.hi.; 6'max.ht.; 8'max.ht.; 10'max.hi.; 8'max.ht.; (C) Ia nanLng signs by conditional 12 sq.ft.max.; 12 sq.fl.max.; 30 sq.ft.max.; 25 sq.ft.max.; 30 sq.fa max.; 30 sq.ft.max.; 25 sq.fi.max.; `! use permit 1/primary street 1/primary street 1/site frontage 1/site frontage 1/site frontage 1/site frontage. 1/site entrance entrance Temporary 32 sq.fa max.; 32 sq.fl.max.; 32 sq.ft. max.; 32 sq.ft.max.; 32 sq.ft.max.; 32 sq.ft.max.; 32 sq.ft.max.; 32 sq.ft.max.; cooKruction 1/site 1/frontage 1/frontage 1/frontage I/frontage 1/frontage 1/frontage 1/frontage ogna Temporary real 16 sq.ft.max.; 6 sq.ft mac; 12 sq.ft. max.; 16 sq.ft. max.; 16 sq.ft.max.; 16 sq.ft.max.; 16 sq.ft.mar.; - (I) Wilk aiV:Ia I/site 1/frontage I/site 1/site 1/site 1/site 1/site (on-premise) Temporary One 6 W ft. (lee 6 sq.It. One 6 sq.ft. 6 sq.ft./sign 6 sq.ft./sign 6 sq.ft./sign 6 sq.la/sign - (I") political siytn sign sign sign (MR-premise signs (ux)xli) • rut,,,(,vr,,,C-,t,rttni +e 175 Additional Sign Regulations (A) Frontage Allocation Not Transferable. No sign or sign area permitted on one frontage shall be transferred to another frontage. (B) Wall Sims. A wall sign shall: (1) Not project above an eave or parapet, including the eave of a simulated mansard roof. (2) Not project more than six inches from the face of the building. (3) A 50 percent increase in height may be permitted for towers, spires, or other architectural features when the sign is an integral part of the building design. (4) Wall signs on a window and interior signs within five feet of a window shall be deemed born wall and window signs. The total area of window signs, including exempt signs, shall not exceed 10 percent of ground floor window area. (C) Free-standing Signs. A free-standing sign shall: (1) Not be closer than 30 feet to another free-standing sign or to a projecting sign. (2) Not be closer to an interior property line than one-half its height. (3) Not extend over a public right-of-way and not be located on the same frontage as a projecting sign extending over a public right-of-way. (4) Be placed within a landscaped area acceptable to the Architectural Review Board. (D) Off-Premise Signs. Outdoor advertising signs advertising products or services not sold on the premises shall not be permitted except as specified in E, F, and G below. (E) Real Estate Signs. In the RM, RMH, and RH districts, a real estate sign on a residential site shall be limited to 6 square feet if displayed longer than 30 calendar days following issuance of a certificate of occupancy. All off-premise real estate sips shall: 1. Be A-Frame in nature; stick signs arc strictly prohibited. 2. Be allowed only on the weekends. However, such signs may be used on Thursda'.s - and Fridays between the hours of 9:30 a.m. to 2:00 p.m. for broker's open house only. 3. Not exceed three (3) feet in height and four (4) square feet in size. 4. Be allowed to be placed behind the sidewalk, given that they are not located with,;- the public right-of-way. 5. Not be placed in the street medians and on the sidewalks. 6. Be picked up no later than 5:30 p.m. on Sunday afternoon. 7. Be allowed only for development that lies within the City of San Ramon. 176 SAN RAMON ZONING ORDINANCE (F) Temporary Political Signs. Temporary political signs shall: (1) Pertain to a candidate,ballot measure or issue to be voted upon within 90 calendar days of posting and (2) Be removed within 10 calendar days following the election. (3) Be no larger than thirty-two square feet. (4) Not be placed within the public right-of-way or within 660 feet of the edge of and visible from the right-of-way of Interstate 680. (5) Have had a statement of responsibility filed with the Zoning Administrator certifying a person who will be responsible for removing the temporary political sign and who will reimburse the City for any cost incurred to remove it. (G) Subdivision Directional Signs. Directional signs which guide traffic to new residential development shall only be allowed in accordance with adopted City policy. (H) Multi-story Office Identification. Office buildings at least four stories in height may be identified under the following conditions: (1) The identification sign shall be located below the parapet at a height and scale architecturally in harmony with the building,and shall be subject to review a..l aFF. cd by th Ze i g Ad...:..i.t.atnr-and 1 the Architectural Review Board and approval by the Zoning Administrator. (2) Only one office identification sign shall be permitted per building. (3) Individual channel-letter internally illuminated letters and/or logos are allowed,but "can-type"or spot-lighted signs are prohibited. (I) For Lease Multi-tenant Building. For lease signs for new y development shall be coordinated and incorporated into the Master Sign Plan for the building subject to review and at,t,. .al by tL,.7.11'.IV Rd n,taro. a.,1 by the Architectural Review Board and approval by the Zoning Administrator. (J) No single-family permitted use shall be allowed signage except as specified in Section D4-30-1. D4-308 Miscellaneous Signs A. Noncommercial murals,large graphic designs,and statuary shall be subject to review and approval by the Zoning Administrator for the sole purpose of ensuring that such displays will not pose a hazard to public health,safety or welfare. B. Temporary signs,banners,flags,and other advertising devices may be placed on a site for a maximum of 30 calendar days with a temporary sign permit issued under Section D5-220, provided the total temporary and permanent sign area shall not exceed the permitted permanent sign area,and provided that temporary devices do not create safety hazards or block signs identifying adjoining establishments. C. A conditional use permit for a theater or cinema may authorize signs deviating from the standards of this chapter,subject to architectural review. The Zoning A.la,...Ut.ato, um"tLt Architectural Review Board may review a,.,l at,t,.u..,and the Zoning Administrator may approve marquee signs,brighter lights,and other features not otherwise authorized by this DIVISION Da/CIIAPTER 3-Signs 177 • D. No window or contiguous window panes shall be covered by paper or painted signs which exceed 10 percent of the total area of that window,or five(5)square feet,whichever is less. E. The painting or decorating of a building in a manner designed to convey a message to viewers shall be considered a sign for the purposes of this Ordinance and shall require both Zoning Administrator and Architectural Review Board review and approval. D4-310 Illumination;Movement A. Signs in an R,OS,P,PS,OA or OL district shall,if lighted,have white or amber lighting and shall be indirectly illuminated. B. Signs shall not have exposed fluorescent tubes or incandescent bulbs. C. Signs visible from an R district shall not be illuminated between 10 p.m.and 6 a.m.unless they identify an establishment open for business during those hours. D. No movement,or apparent movement of,or in,a sign or change in intensity of illumination of a sign shall be permitted. A time or temperature sign or a theater canopy sign consistent with other regulations of this chapter and including no changeable text shall be permitted. D4-312 Prohibited Locations,Sign Types,and Messages A. A sign in a required yard adjoining a street property line shall comply with the requirements of Section D4-223:Driveways:Visibility. B. No portable signs,searchlights,flags,pennants,streamers,helium balloons,spinners or similar devices shall be permitted except as specifically authorized by this chapter or by a temporary sign permit. C. No sign shall have lighting,colors,design or text that could be confused with a public traffic directional sign or control device. D. No sign shall contain statements,words,pictures or other representations which are in reference to obscene matter which violate the California Penal Code,Section 311 et.seq. E. No exterior sign shall be made of materials which are impermanent and will not stand exposure to weather. F. No roof or penthouse signs shall be allowed. G. No outdoor advertising structure signs shall be allowed. H. No sign shall be located within a public right-of-way. I. No moving or animated sign shall be allowed. J. No balloons or similar inflatable signs with a circumference greater than 57 inches shall be allowed. IC No sign shall be designed,placed,or oriented for freeway exposure. 178 SAN RAMON ZONING ORDNANCE • D4-314 MaintenancC Abandonment and Removal 14. All signs shall be maintained in good repair and shall be cleaned,painted,or replaced as necessary to present a neat appearance. An on-premise sign advertising and activity,business,service or product shall be removed within 45 calendar days following the actual discontinuance of the activity,business,or service. D4.316 Master Sign Plan Any site having 6 or more nonresidential occupants shall submit a master sign plan to be reviewed by the Architectural Review Board and approved by the Zoning Administrator. Additionally,projects involving construction or renovation of more than 25,000 square feet of space in C,0,and I districts shall be approved by the Zoning Administrator prior to issuance of any zoning permit for signs. A. Applications for approval of a Master Sign Plan shall be submitted to the Planning Department and shall include the following: 1. A Master Sign Plan,drawn to scale,delineating the site proposed to be included within the signing program and the general location of all signs; 2. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs,directory signs,or projecting signs are propnvd;and 3. A statement of the reasons for any requested modifications to the regulations or standards of this article. B. A Master Sign Plan may include more than one free-standing sign per parcel or other deviations from the standards of this chapter,provided that the Master Sign Plan is consistent with the provisions of Section D4-312. In approving a Master Sign Plan,the {` Zoning Administrator shall find: 1. That the plan's contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of Section D4-306;and 2. That the proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other. C. The Zoning Administrator may require any reasonable conditions necessary to carry out the intent of the Master Sign Plan requirement. D. The decision of the Zoning Administrator may be appealed to the Planning Commission in accord with Division D5,Chapter 9. D4-318 Design Review Non-exempt signs on the site of a project are subject to Architectural Review Board approval. D4-320 Zoning Permit or Temporary Sign Plan Required No sign regulated by this chapter shall be erected or displayed unless a zoning permit or temporary sign permit is obtained. Temporary construction,political or real estate signs listed in Section D4-306 shall not require a zoning permit. DIVISION Dt/CHAPTER 3-Sig,u 179 • For other temporary, signs complying with the sign area and sign standards of this chapter, the Zoning Administrator may issue a temporary sign valid for up to 30 calendar days, if it is found that the temporary i sign is necessary to establish or maintain identity until a permanent sign can be erected. The Zoning Administrator may approve a temporary sign necessary to avoid a dangerous condition, and may approve temporary signs pertaining to a use permitted by a temporary use permit. D4-322 Sign Code Signs shall be subject to the Uniform Sign Code, Ordinance No. 143, requiring building permits for certain signs. D4-324 Required Inventory of Illegal or Abandoned Signs Within six months of the effective date of adoption of this ordinance, the Zoning Administrator shall compile an inventory of all illegal or abandoned signs within the city. The inventory shall identify the location of each illegal or abandoned sign by lot and block number and by street address, the sign's legal owner or leaseholder, and the specific standards that are violated or the approximate date of abandonment, as the case may be. This inventory shall be used to establish an initial date for amortization of nonconforming signs under the provisions of Section D4-412. The Zoning Administrator shall update the inventory at least every six months to include additional illegal signs resulting from zoning map amendments and additional abandoned signs. • 180 SAN RAMON ZONING ORDINANCE 0„.04. CITY OF PLEASANTON Plannini aria Community Deveuooment i 4151 484-8023 200 Old 0ernal Avenue • '0 So,520 • ✓'easanwn.Caldorma 9 4 566-080 2 Chapter 18.96 18.96.020 General provisions and requirements. No sign or display of any character SIGNS shall be permitted except in conformity with the following regulations: Sections: A. Location,Height,and Size. 18.96.010 Purpose. 1. Except as permitted by subsections 18.96.020 General provisions and J and K of Section 18.96.060,and Section requirements. 18.96.090,all signs shall be located on the 18.96.030 Exempt signs. same site as the use they identify,provide 18.96.040 Signs in A or R districts. information about,or direct attention to. 18.96.050 Signs in 0 districts. 2. Except in a C-C district, no sign 18.96.060 Signs in C and I shall project beyond a property line. A districts. sign projecting beyond the property line 18.96.070 Signs in Q districts. in a C-C district shall be attached to a 18.96.080 Signs in P and S building and shall not project more than districts. four feet from the building or closer than 18.96.090 Temporary subdivision two feet to the curb line, and shall not signs. exceed nine square feet in area. Project- 18.96.100 Temporary signs ing signs shall be limited to one for each adjacent to freeways. ground floor establishment. 18.96.110 Signs adjoining state 3. A projecting sign shall have a mini- highways and freeways. mum clearance of eight feet above an 18.96.120 Signs in railroad rights- area used by pedestrians, and a mini- of-way. mum clearance of fifteen feet above an 18.96.130 Zoning certificate area used for vehicular movement. required. 4. No sign attached to a building shall 18.96.140 Elimination of project above the cave or parapet line. nonconforming signs. 5. No sign other than a directional 18.96.150 Design review, sign shall project more than twelve inches into a required interior side yard or a required rear yard or shall be closer 18.96.010 Purpose. to an interior side lot than the minimum The location, height, size, and width of a required side yard on the site illumination of signs are regulated in minus twelve inches. Signs may be order to maintain the attractiveness and located in a required front yard. orderliness of the city's appearance, to 6. No sign exceeding twenty-four protect business sites from loss of promi- square feet shall be visible from an R nence resulting from excessive signs on district unless it shall be more than one surrounding sites,and to protect the pub- hundred feet from the R district. lic safety and welfare. (Prior code § 7. No sign shall be located so as to 2-9.38) create a safety hazard by obstructing 600 ATTACHMENT i 6/92 * ( From Title 18, Pleasanton Municipal Code ) 18.96.020 vision,or shall interfere with or resemble 5. Neither the direct nor reflected light any authorized warning or traffic sign or from primary light sources shall create a signal. traffic hazard to operators of motor vehi- 8.No sign shall exceed two hundred fifty cies. square feet in area. C. Movement No sign that moves, has B.Illumination. visible moving parts, or that simulates 1.In an A,R,P or S district, illumina- movement by means of fluttering,spinning, don,where permitted,shall be indirect In or reflecting devices shall be permitted. an 0 district,illumination,where permitted, (Prior code§2-939) shall be indirect or diffused,provided that it shall be white and that the surface bright- ness of a sign shall not be greater than one 18.96.030 Exempt signs. hundred footlamberts. In a C or I district The following signs are not subject to the direct illumination shall be permitted,pro- regulations of this chapter vided that if exterior illumination is closer A.Signs used exclusively for the posting than two hundred feet to the boundary of a or display of official notices by a public site or interior illumination is closer than agency or official,or by a person giving ten feet to a window within two hundred legal notice; feet of the boundary of a site,no fluores- B. Signs erected or maintained by a cent or mercury vapor tube,or incandescent public agency or official or required by law illumination exceeding one hundred twenty to be displayed by a public utility for direc- milliamps shall be visible beyond the tional,warning or informational purposes; boundary of the site. In a C or I district C.Traffic control signs and devices in- diffused illumination closer than two hun- eluding street name signs; deed feet to the boundary of a site and D.The flag,pennant,or insignia of any visible beyond the boundary of the site shall nation or association of nations,or of any not have a surface brightness greater than state,city,or other political unit,or of any two hundred footlamberts. charitable,educational,philanthropic,civic, 2.A sign within one hundred feet of an professional or religious organization; R district from which the sign is visible E. Nomiluminated, nonverbal religious shall have illumination,if any,that is white symbols on the site of a religious institu- and is indirect or dfffused and shall not lion; have a surface brightness greater than one F.Signs not visible beyond the boundary hundred footlamberts. of a site; 3.No sign shall have blinking,flashing G.Directional signs nec scary to control or fluttering lights or any other illuminating and direct pedestrian traffic on a site; device which has a changing light intensity, H.Emblems of civic or service clubs and brightness or color. area identification signs of sizes and at 4.No illuminated sign shall be located so locations approved by the board of design as to be confused with or to resemble any review; warning traffic control device. I.A real estate sign designating an open house for an individual home for sale or 601 tn.amice 5-91) 18.96.030 lease,other than first-time sales of homes 7.Shall not be placed within a five foot within new subdivisions;provided,howev- radius of a hydrant, fire call box or mail er,that the signs: box, 1.Shall be freestanding A-frame or sand- 8. Shall not be placed on or within the wich board type, median strip or center divider of a roadway 2.Shall not exceed an overall height of or on or within any other roadway island or thirty-six inches from the ground and the safety zone area, face of the sign shall not exceed a horizon- 9.Shall not be chained,bolted or other- tal dimension of twenty-four inches and a wise attached to any property not owned by vertical dimension of eighteen inches, the owner of the sign, nor shall they be 3.Shall have no riders.There shall be no chained,bolted or otherwise attached to any additions,tags,signs,streamers,balloons or tree,shrub or other plant. (Ord. 1492 § 1 other appurtenances added to the standard (part), 1990; Ord. 1362 § 2, 1988; prior real estate open house sign,provided,how- code§2-9.40) ever,that arrows may be incorporated into the design of the face of the sign but may not be added appurtenant to the sign, 18.96.040 Signs in A or R districts. 4. May be displayed Monday through No sign or outdoor advertising structure Sunday, ten a.m. through six p.m. during shall be permitted in an A or R district Pacific Standard Time, and may be dis- except the following: played Monday through Sunday,ten a.m.to A.One nameplate,which may give no- eight p.m.during Pacific Daylight Savings tice of the name,address and occupation of Time. the resident, not directly lighted, not ex- 5. Shall not exceed one on-site open ceeding one square foot or eight feet in house sign and three off-site open house height,on the site of a one-family dwelling; signs with an aggregate total of four signs B. One identification sign, not directly per open house,provided,however,that the lighted, not exceeding six square feet or standard real estate for sale sign posted at eight feet in height,on the site of a multi- the site shall not be included as part of the family dwelling or a lodginghouse; aggregate total of signs allowable per open C. One identification sign, not directly house, lighted,not exceeding twelve square feet or 6. Shall not be placed, used or main- twelve feet in height,for each main build- mined in any location upon public property, ing on the site of a public building,a pri- within rights-of-way or within public ease- vale institution,a church,a club or lodge, ments adjacent to streets,where such place- a trailer park,or a nursing home,provided meat, use or maintenance endangers the that a general hospital may have an identifi- safety of persons or property,or unreason- cation sign not exceeding twenty-four ably interferes with or impedes the flow of square feet; pedestrian or bicycle traffic,or the ingress D.In addition to an identification sign, into or egress from any residence or place one bulletin board,not directly lighted,not of business, exceeding twenty square feet or eight feet in height,on the site of a church; Mammon 5-91) 602 18.96.040 E. One directional sign, not directly Chapter 18.20.100. (Ord. 1520 § 3. lighted, not exceeding four square feet, 1991; Ord. 1492 § 1 (part), 1990; at each entrance or exit to a parking prior code § 2-9.41) lot; F. Signs pertaining to the sale, 18.96.050 Signs in 0 districts. lease, rental or display of a structure No sign or outdoor advertising or land: structure shall be permitted in an 0 1. For properties located in the A district except the following: district, one nonilluminated sign not A. Business signs not exceeding exceeding twelve square feet, one-half square foot for each foot of 2. For properties located in the R street property line adjoining a portion district 'one nonilluminated sign not of the site occupied by the uses to exceeding six square feet, which the signs direct attention, 3. Shall be removed thirty days provided that signs not exceeding forty after the sale, lease, rental or display square feet shall be permitted on a site of the structure or land; having less than eighty feet of street G. One nonilluminated, temporary property line. Signs not located flat construction sign, not exceeding against the wall of a building shall not twelve square feet, on the site of a exceed twelve feet in height, and no structure or group of structures, while sign in a required front yard shall under construction, except that one exceed six feet in height; additional square foot shall be B. One directional sign, not directly permitted for each dwelling unit under lighted, not exceeding four square feet, construction, provided that the sign at each entrance or exit to a parking shall not exceed twenty-four square lot; feet; C. Signs pertaining to the sale, lease H. One business sign, not directly rental or display of a structure or land, lighted, not exceeding twelve square diffused or indirectly illuminated, as feet or twelve feet in height, on the provided below: site of a permitted or conditional use 1. For sites less than two acres in other than a dwelling in an A district, size, one sign not to exceed twelve provided that additional sign area may square feet and a height of six feet. be specified in a use permit and shall Said sign may be freestanding or be based on the identification needs of mounted on the building. Freestanding the use and the character of surround- signs must be located not less than ten ing uses. feet from the street property line or 1. Any sign proposed to be located back of sidewalk, whichever distance in an R-1 district, or in any PUD dis- is greater, trict developed under R-1 standards, 2. For sites of two or more acres in whether illuminated or nonilluminated, size, one freestanding sign per street shall be subject to review by the frontage, each sign not to exceed design review board, as provided in thirty-two square feet and a height of 603 (Pleasanton 6.52) 18.96.050 eight feet. Said sign shall be placed the site of a service station, all signs parallel to the street and shall be shall be attached to a building, except located not less than ten feet from the that one freestanding sign, not street property line or back of side- exceeding thirty-six square feet, which walk, whichever distance is greater. is included in the total sign area For corner lots, signs shall not be allowable for a service station, shall located within fifty feet of the inter- have direct or diffused illumination, section of the street property lines, and shall not exceed twelve feet in 3. Shall be removed thirty days height; after the sale, lease, rental or display B. In a C-C district, business signs of the structure or land; not exceeding two square feet for each D. Qne temporary construction sign foot of street property line, provided not exceeding twelve square feet or that signs not exceeding forty square one-fourth of the maximum permitted feet shall be permitted on a site area for permanent signs, whichever is having less than twenty feet of street greater, not directly lighted, on the property line, and provided that signs site of a structure while under con- on the site of a service station shall struction. (Ord. 1492 § 1 (part), 1990; not exceed a total of eighty square prior code § 2-9.42) feet. No site shall have business signs totaling more than four hundred square 18.96.060 Signs in C and I districts. feet for each acre in use. Except on No sign or outdoor advertising the site of a service station, the total structure shall be permitted in a C or I area of projecting and freestanding district except the following: signs shall not exceed one-fourth of A. In a C-N district, business signs the sign area permitted on the site. not exceeding one-half square foot for Freestanding business signs shall not each foot of property line adjoining a exceed twelve feet in height, provided portion of the site occupied by uses to that a service station may have one which the signs direct attention, freestanding business sign not provided that signs not exceeding forty exceeding thirty-six square feet or square feet shall be permitted on a site twenty-four feet in height, and a site having less than eighty feet of street of at least one acre occupied by uses property line, and provided that signs other than a service station may have on the site of a service station shall one freestanding business sign not not exceed a total of eighty square exceeding fifty square feet or twenty- feet. Business signs shall be attached four feet in height. On the site of a to a building except that one free- service station, not more than one standing sign not exceeding fifty sign, not exceeding thirty-six square square feet or twelve feet in height feet, shall have direct or diffused shall be permitted on a site having at illumination, and no sign shall project least three acres occupied by uses to beyond the property line; which the signs direct attention. On C. In a C-R district, business signs (Pleasanton 6-92) 604 18.96.060 shall be regulated by the design re- the site of a service station shall not view board and/or planning commis- exceed a total of eighty square feet. sion on a case-by-case basis in actor- The total area of business signs shall dance with the purposes of Chapter not exceed six hundred square feet on 18.20 of this title; a site in an I-P district or one thou- D. In a C-S or C-A district, busi- sand square feet in an I-G district. ness signs not exceeding two square Except on the site of a service station, feet for each foot of street property the total area of projecting and free- line, provided that signs not exceeding standing signs shall not exceed one- forty square feet shall be permitted on fourth of the sign area permitted on a site having less than twenty feet of the site. Business signs may be free- street property line. Business signs standing, but freestanding or projecting may be freestanding, but shall not signs shall not exceed twenty feet in exceed twenty-four feet in height. The height except on the site of a service total area of business signs shall not station. On the site of a service sta- exceed three hundred square feet on a tion, not more than one sign, not ex- site having less than one acre in the ceeding thirty-six square feet, shall use to which the signs direct attention, have direct or diffused illumination, or and shall not exceed five hundred shall exceed twelve feet in height if square feet on any site; freestanding, and no signs shall exceed E. In a C-F district, business signs twenty-four feet in height; not exceeding eighty square feet for G. Directional signs, diffused or each twenty thousand square feet of indirectly lighted, not exceeding four site area in use, provided that signs on square feet each, pertaining to off- the site of a service station shall not street parking and loading facilities; exceed a total of one hundred sixty H. Signs pertaining to the sale, square feet. The total area of business lease, rental or display of a structure signs shall not exceed five hundred or land, diffused or indirectly illumi- square feet on any site. Business signs nated, as provided below: may be freestanding, but freestanding 1. For sites less than two acres in or projecting signs shall not exceed size, one sign not to exceed twelve twenty feet in height except on the square feet and a height of six feet. site of a service station. On the site of Said sign may be freestanding or a service station, not more than one mounted on the building. Freestanding sign, not exceeding eighty square feet, signs must be located not less than ten shall have direct or diffused illumina- feet from the street property line or Lion, or shall exceed twelve feet in back of sidewalk, whichever distance height if freestanding, and no sign is greater. shall exceed thirty feet in height; 2. For sites of two or more acres in F. In an I district, business signs size, one freestanding sign per street not exceeding eighty square feet for frontage, not to exceed thirty-two each twenty thousand square feet of square feet and a height of eight feet. site area in use, provided that signs on 605 (Pleasanton 6.921 18.96.060 Said sign shall be placed parallel to after five o'clock p.m. the day the street and shall be located not less preceding the event, and must be than ten feet from the street property removed prior to ten o'clock a.m. the line or back of sidewalk, whichever day after the event. One sign only, to distance is greater. For corner lots, identify the shopping center or event, signs shall not be located within fifty may be attached to the balloon. No feet of the intersection of the street trailing pennants or other balloons property lines, shall be attached. Under no 3. Shall be removed thirty days circumstances shall a large hot/cold air after the sale, lease, rental or display balloon be displayed by an individual of the structure or land; business. I. One temporary construction sign For the purposes of this subsection, not exceeding one-fourth of the maxi- a community wide event is an event mum permitted area for permanent that either promotes and/or benefits business signs, not directly lighted, on the entire city and has been endorsed the site of a structure while under by the city council; endorsement may construction; also be established by council action J. In a C-C, C-S, C-F, or I district, authorizing public street closures. directional signs not exceeding six Shopping center events are not square feet each, attached or freestand- community wide events. ing, indicating the location of a use in L. Signs of service clubs or similar a C or I district within one thousand civic organizations not exceeding two feet by the shortest vehicle route from square feet for each organization on the signs. Not more than two off-site the site of a meeting place. (Ord. 1511 directional signs shall indicate each § 1, 1991; Ord. 1492 § 1 (part), 1990; use, and the area of the directional prior code § 2-9.43) signs shall be subtracted from the total business sign area permitted on the 18.96.070 Signs in Q districts. site on which they are located; No sign or outdoor advertising K. Grand Openings: Temporary structure shall be permitted in a Q dis- signs, banners, pennants, and trict except the following: decorations not including reflective A. One business sign, diffused or devices for a period not to exceed indirectly lighted, not exceeding thirty days after initial occupancy by twelve square feet or twelve feet in an establishment. Large hot/cold air height, on the site of a permitted or balloons are allowed for a community conditional use, provided that addi- wide event and a "grand opening" of a tional sign area and illumination may shopping center only, restricted to a be specified in a use permit and shall one-day, one-time only use subject to be based on the identification needs of the granting of a temporary conditional the use and the character of surround- use permit in accordance with the ing uses. Signs exceeding twelve provisions of Section 18.124.170 of square feet on the site of a pre-exist- this title. The balloon may be installed ing rock, sand or gravel extraction or (Pleasanton 6.92) 606 18.96.070 processing enterprise shall not require D. One temporary construction sign a use permit, but shall be subject to not exceeding twelve square feet or design review as prescribed by Chap- one-fourth of the maximum permitted ter 18.20 of this title; area for permanent signs, whichever is B. Directional signs, diffused or greater, diffused or indirectly lighted, indirectly lighted, not exceeding four on the site of a structure while under square feet each, pertaining to off- construction. (Prior code § 2-9.45) street parking and loading facilities; C. One sign, diffused or indirectly 18.96.090 Temporary subdivision lighted, not exceeding twelve square signs. feet pertaining to the sale, lease, rental A. No directional or advertising or display of a structure or land; signs for a subdivision shall be erected D. One temporary construction sign or maintained, except as provided for not exceeding one-fourth of the maxi- in this section. mum permitted area for permanent B. For the purposes of this section, business signs, not directly lighted, on an on-site advertising sign is one the site of a structure while under located within the subdivision. An off- construction. (Prior code § 2-9.44) site directional sign is one displaying the necessary travel directions to the 18.96.080 Signs in P and S districts. subdivision, the name of the project No sign or outdoor advertising and any characteristic trademark or structure shall be permitted in a P or similar device of the developer and S district except the following: nothing else. For the purposes of this A. Sign regulations for each use in section a subdivision is any land a P or an S district shall be specified development project, residential or in the use permit and shall be based nonresidential, which involves the on the identification needs of the use creation and marketing of five or more and the character of surrounding uses. lots (or condominium units) under the Signs on the site of a pre-existing same ownership prior to sale. conditional use, other than directional C. The zoning administrator may signs or signs permitted in an A or R authorize one on-site advertising sign district, shall not require a use permit, and two off-site directional signs, but shall be subject to design review where warranted, after a final subdivi- as prescribed in Chapter 18.20 of this sion map has been recorded, subject to title; all the following conditions: B. One directional sign, diffused or 1. The signs may be either single- indirectly lighted, not exceeding four faced, double-faced,or "V"-shaped, square feet, at each entrance or exit to provided the angle between the two a parking lot; faces shall not exceed sixty degrees; C. One nonilluminated sign, not 2. The horizontal dimension of an exceeding six square feet, pertaining to on-site advertising sign face shall not the sale, lease, rental or display of a exceed one hundred square feet with a structure or land; total height of not more than fourteen 607 (Pleasanton 6-Q2) 18.96.090 feet from ground level; applicant shall file, as well, a written 3. The horizontal dimension of an statement by the property owner off-site directional sign face shall not authorizing both the applicant and the exceed eight feet and the total sign city to go onto the property at any area shall not exceed forty square feet time to remove the sign. In case of with a total height of not more than failure to perform or comply with any ten feet from ground level; term or provision pertaining to such 4. No "riders" are permitted. There sign, the zoning administrator may shall be no additions, tags, signs, declare the bond or letter of credit streamers, or other appurtenances forfeited and order the sign removed. added to the sign as originally Upon expiration of the sign approval approved; and satisfactory removal of the sign by 5. Any such sign approved for a the applicant, the. bond shall be re- particular subdivision shall not be leased by the zoning administrator changed to advertise another subdivi- upon the applicant's request. sion without separate approval by the D. One nonilluminated sign pertain- zoning administrator; ing to a proposed use such as a 6. Such signs may be established church, school, park, apartment corn- along, but not within, the right-of- plex, shopping center, or any other • way of any highway, street or proposed land use may be erected at thoroughfare. Where such signs are the site of each such proposed use fi within one thousand feet of the right- within the subdivision. Such signs of-way of any freeway, they shall be shall display no greater than twelve subject to review and approval by the square feet of sign area and shall be design review board. In conjunction approved as to design and copy by the with the approval of such signs, the zoning administrator. (Ord. 1162 §§ 1, design review board may require the 2, 1984; prior code § 2-9.46) applicant to enter into an agreement with the city to maintain the sign in 18.96.100 Temporary signs adjacent an attractive manner throughout the to freeways. duration of its existence; All temporary signs, except for 7. Such signs may be maintained temporary subdivision signs as defined for a period of one year, after which in Section 18.96.090 of this chapter time an extension may be approved by and except for all signs pertaining to the zoning administrator upon the sale, lease, rental or display of a reapplication or the signs completely structure or land, shall be subject to removed; the review and approval of the zoning 8. Prior to erecting any subdivision administrator. Such sign shall not sign approved by the zoning adminis- exceed one hundred square feet in size trator, a cash bond or letter of credit or fourteen feet in height. These for surety in the amount of two height and size restrictions need not hundred fifty dollars for each sign apply to properties over one hundred shall be posted by the applicant. The acres in size. In conjunction with the (Pleasanton 6-92) 608 18.96.l00 approval of such signs, the zoning No sign exceeding six square feet administrator may require the applicant shall be erected or displayed unless a to enter into an agreement with the zoning certificate has been issued by city to maintain the sign in an attrac- the zoning administrator, provided that tive manner throughout the duration of a zoning certificate shall be required its existence. Such signs shall be for any sign projecting over public maintained for a maximum period of property or off-site sign, and shall not one year after which time an extension be required for temporary construction may be approved by the zoning ad- signs or for signs other than subdivi- ministrator upon reapplication or the sion signs pertaining to the sale, lease, signs shall be completely removed. rental or display of a structure or land. (Ord. 1520 § 3, 1991; Ord 1492 § 2, (Ord. 1162 § 4 (part), 1984; prior 1990; Ord. 1162 § 3, 1984; prior code code § 2-9.50) § 2-9.47) 18.96.140 Elimination of noncon- 18.96.110 Signs adjoining state forming signs. highways and freeways. Nonconforming signs shall be In addition to the regulations con- subject to the provisions of Chapter tained in this chapter, all signs visible 18.120 of this title, provided that no from a state highway or freeway shall zoning certificate for a sign shall be be subject to the regulations contained issued until all nonconforming signs in the California Outdoor Advertising on a site have been removed or altered Act, Chapter 2, Division 3, of the to conform. (Ord. 1162 § 4 (part), Business and Professions Code. (Ord. 1984; prior code § 2-9.51) 1162 § 4 (part), 1984; prior code § 2-9.48) 18.96.150 Design review. All signs shall be subject to design 18.96.120 Signs in railroad rights- review by the zoning administrator as of-way. prescribed in Chapter 18.20 of this No sign or outdoor advertising title. Any other sign determined by the structure shall be permitted in a zoning administrator to be inconsistent railroad right-of-way except as per- with Sections 18.04.010 and 18.96.010 mitted in Section 18.96.030, provided shall be subject to design review by that business signs may be authorized the design review board. Applicants by use permit. (Ord. 1162 § 4 (part), are advised to confer with the zoning 1984; prior code § 2-9.49) administrator before preparing detailed plans. (Ord. 1520 § 3, 1991; Ord. 18.96.130 Zoning certificate 1492 § 3, 1990; Ord. 1162 § 4 (part), required. 1984; prior code § 2-9.52) 609 (Pleasanton 6-92) 18.100.010 Chapter 18.100 aesthetic blight, litter and loss of meaning of the message of such signs, POLITICAL SIGNS AND SIGNS the regulations provided in this chapter ANNOUNCING are adopted. (Prior code § 2-9.60) COMMUNITY EVENTS 18.100.020 Exemption. No permit shall be required of any Sections: political campaign sign or community 18.100.010 Purpose. event sign which does not exceed the 18.100.020 Exemption. size limitations provided in this 18.100.030 Definitions. chapter so long as such signs are 18.100.040 Posting of political placed on private property. Political campaign signs — campaign signs and community event Private property. signs which are within the size and 18.100.050 Posting of political placement requirements of this chapter campaign signs — shall be exempt from the requirements Certain public of Chapter 18.96 of this title. (Prior property prohibited. code § 2-9.61) 18.100.060 Removal of political campaign signs — 18.100.030 Definitions. So-' AEt"t ' ir751 Time limits. Unless it appears from the context 18.100.070 Community event that a different meaning is intended, signs —Time and size the following words shall have the limits, meanings given them in this chapter: 18.100.080 Removal of illegal A. "City" means the city of Pleas- signs. anton, a municipal corporation in the 18.100.090 Authority of city state of California. manager. B. "Community event sign" means 18.100.100 Removal procedure. any signs, banners, or displays of a 18.100.110 Storage — Notice— patriotic,snligieus✓civic or community Return. nature. 18.100.120 Sign removal charge. C. "Person" means any person, firm, 18.100.130 Persons responsible. partnership, association, corporation, 18.100.140 Exception. company, committee for support or op- position of candidates or ballot meas- ures or organizations of any kind. 18.100.010 Purpose. D. "Political campaign sign" means In order to protect the rights of any sign urging the election or defeat political candidates and those wishing of any candidate seeking any political to support or oppose candidates or office, or urging the passage or defeat ballot measures (and those wishing to of any ballot measure but does not announce community events), while mean or include any billboard owned protecting the public from traffic or maintained by a commercial firm or safety hazards, structural sign hazards, advertising company. (Pleasanton 6-92) 610 18.100.030 E."Public property"means all property posted political campaign signs on an indi- owned by the city or other public agency vidual parcel of private property in any within sty boundaries, including,but not other zoning district which in the aggregate limited to,any building owned,operated or exceeds sixty-four square feet leased by a public agency;any street,bicy-(J ` .. Permission to Post.No person shall de or pedestrian right-of-way owned or a set post or cause to be posted on private prop- controlled by the city; any public park `'=�f 7'sirty political campaign signs without first recreation area, parkway, planter strip,or receiving permission from the property other public grounds owned or operated by owner or other person authorized by proper- the city or other public agency;any traffic ty owner to give permission to post such control device or sign or the support pole of signs.(Prior code§2-9.63) the device or sign; or any street tree or flagpole. F. "Sign"means and includes any bill, 18100.050 Posting of political poster, placard, handbill, flyer, painting, campaign signs—Certain sign or other similar object in any form public property whatsoever which contains printed or writ- prohibited. ten matter in words,symbols or pictures,or It is unlawful for any person to post, in any combination thereof. place or affix a political campaign sign or G. "Utility structure"means any utility cause to do the same,on or to any public pole, supporting structure or guy wire property or utility structure. It is also un- owned by a public or private utility compa- lawful for any person to post,place,or affix ny.(Prior code§2-9.62) a political campaign sign or cause to do the . ".et:5.4"c 1-4/;c4v Bc out same, on private property in a manner Cr, ,*tees[ 01 . e r'u) which poses a hazard to motorists,pedestri- 18100.040 Posting of potllal, . ry ans or cyclists using the public rights-of- campaign at .avy,a: way,by blocking the view of traffic control 61e'4v signs,devices or cross traffic or by protrud- A. Maximum Size of Signs.No person Csu ing into the public right-of-way.(Prior code shall past or cause to be posted on private a,%,-eat§2-9.64) property political campaign signs in an R• 0 district in excess of six square feet No person shall post or cause to be posted on 18100.060 Removal of political Private property compeign signs in any campaign signs—Time other zoning district in excess of sixteen limits. square feet. It is unlawful for any person to fail to re- B.Maximum Area Per Site.No person move a political campaign sign within five shall post or cause to be posted political days after the election for which the sign campaign signs on an individual parcel of was posted. (Ord. 1496 § 1, 1991: prior private property in an R district which in code§2-9.65) the aggregate exceeds twenty-four square feet. No person shall post or cause to be 610-1 (T+mone.=5-91) 18.100.070 18.100.070 Community event signs— that a sign has been posted in violation of Time and size limits. Sections 18.100.040, 18.100.050, No person shall post or cause to be post- 18.100.060 and 18.100.070,he shall attempt ed community event signs on private prop- to contact the candidate,conmittee or per- erty,other than the property on which the son responsible for the posting of such sign. event is to take place,more than thirty days If successful,he shall indicate the nature of prior to the event or fail to remove such the violation and the location of the sign.If, sign within five days after the event Size after such notification,the illegal sign re- limits for community event signs shall be mains in violation,the city manager or his the same as those set forth in subsections A agents shall remove said sign and store it in and B of Section 18.100.040 for political a safe location. If, after reasonable dili- campaign signs.Public agencies when post- genre,the city manager is unable to contact ing community event signs on property the candidate,committee or person respon- owned by that agency are exempt from the sible for the sign,he may dispense with the limitation of this section. (Prior code § 2- notice requirement and remove the sign, 9.66) storing it in a safe location.Any sign posted six days after the election or event shall be deemed abandoned and the city manager 18100.080 Removal of illegal signs. may dispense with notice requirements. The city manager, or his authorized (Prior code§2-9.69) agents,shall remove any sign found posted within the corporate limits of the city which is in violation of Sections 18.100.040, 18100110 Storage—Notice—Return. 18.100.050, 18.100.06(1 and 18.100.070 of If the city manager, or his agents, re- this chapter.(Prior code§2-9.67) moves any sign,he shall keep a record of the location from which the sign was re- moved. He shall store the sign in a safe 18100.090 Authority of dty manager. location for at least twenty days,and shall For the purposes of removing illegal notify the candidate,committee or person signs, the city manager, or his authorized responsible for the posting of the sign, agents,are empowered to eater upon the indicating the fact of removal and the loa- property where the signs are posted,and the tion where it may be retrieved.If the city city manager is further authorized to enlist manager is unable to make telephone con- the aid or assistance of any other depart- tact,he shall provide written notice,if the meat of the city and to secure legal process address of the candidate, committee or to the end that all such signs shall be exile- person is known or can reasonably be ascer- ditiously removed from any property where tamed The city manager shall return any posted.(Prior code§2-9.68) political campaign sign upon the payment of a fee to cover the costs of removal,no- tice and storage.(Prior code§2-9.70) 18.100.100 Removal procedure. When the city manager or his agent finds awe 5-91) 610-2 18.100.120 18.100.120 Sign removal charge. such other responsible person.In a cam- The city shall be entitled to receive a paign regarding a ballot measure, the fee for every sign removed by the city president or chief officer of the commit- manager, to cover the expense of tee supporting or opposing such ballot removal,notice and storage not to exceed measure shall be deemed responsible, five dollars per sign. Where unusual unless he first notifies the city clerk and effort is needed to remove a sign,such as the city manager of some other person the cutting or removal of supporting responsible,in the manner described in structures,use of aerial devices,towing of this section.The candidate,or in the case "trailer signs," or other unusual situa- of a ballot measure,the committee presi- tions,the city shall collect from the per- dent or chief officer or other responsible son responsible a sum sufficient to cover person if so designated,shall be liable to the costs of equipment and hourly wages pay any fees or costs for the removal and of employees so utilized. Where no storage of illegal signs,as set out in this return of the stored sign is requested,city chapter.Where a community event sign manager shall bill the person responsible has been posted illegally,the president or for the sign.(Prior code§2-9.71) chief officer of the group sponsoring the event shall be deemed the responsible 18.100.130 Persons responsible. person.(Prior code§2-9.72) In a campaign for political office,the candidate for such office shall be deemed the person responsible for the posting of 18.100.140 Exception. political campaign signs,unless he or she Billboards and other permanent signs first notifies the city clerk and the city used for advertising messages which are manager of another person who is otherwise permitted by this code or exist responsible. In such case,the candidate as legal nonconforming uses are exempt shall provide the name, address, tele- from the regulations of this chapter. phone number, and signed consents of (Prior code§2-9.73) 61 1 Pte sanwn•+nni CITY COUNCIL OF THE CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA ORDINANCE NO. 1574 AN ORDINANCE AMENDING CHAPTER 18.100.030 and 18.100.040 OF THE PLEASANTON MUNICIPAL CODE CONCERNING RELIGIOUS HOLIDAY BANNERS THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section J,: Section 18.100.030 of the Pleasanton Municipal Code is hereby amended to read as follows: "Section 18.100.030 Definitions Unless it appears from the context that a different meaning is intended, the following words shall have the meanings given to them in this chapter: (Subsection A, no change.) B. 'Community event sign' means any signs, banners, or displays of a patriotic, civic or community nature." (Subsections C - G, no change.) H. 'Religious Holiday Banner' means any banner announcing a special religious holiday service for a religious group belonging to any religious institution." Section 2: Section 18.100.040 of the Pleasanton Municipal Code is hereby amended as follows: "Section 18.100.040 Posting of political campaign signs, community event signs, and religious holiday banners - Private property (Subsections A and B - no change.) C. Maximum Size, Number and Duration of Religious Holiday Banners. No person shall post or cause to be posted on private property on sites exceeding ten thousand square feet in any zoning district religious holiday baners in excess of thirty-six square feet. No person shall post or cause to be posted on private property on sites ten thousand square feet or less in any zoning district, religious holiday banners in excess of six square feet. There shall be no more than one banner posted on the site of any religious institution during a Ordinance No. 1574 Page Two special religious holiday. Religious holiday banners may be posted for a maximum of eight days during any special religious occasion not exceeding four such religious holidays each year. D. Permission to Post. No person shall post or cause to be posted on private property political campaign signs, community event signs, or religious holiday banners without first receiving permission from the property owner or any other person authorized by property owner to give permission to post such signs." Section 3: A summary of this ordinance shall be published once within fifteen (15) days after its adoption in "The Tri- Valley Herald," a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk's office within fifteen (15) days after its adoption. Section 4: This ordinance shall be effective thirty (30) days after the data of its final passage and adoption. INTRODUCED at a regular meeting of the City Council of the City of Pleasanton on July 21, 1992. ADOPTED at a regular meeting of the City Council of the City of Pleasanton on August 4, 1992 by the following vote: AYES: Councilmembers - Mohr, Tarver, and Mayor Mercer NOES: None ABSENT: Councilmembers - Butler and Ta ABSTAIN: None E R. MERCER, MAYOR AST Peg idro City Clerk APPROVED AS��TO�FORM: Michael City Attorney orwde- CHAPTER 21.70 � 'p,2yPj SIGNS j `- ARTICLE I: Purpose and Definitions 21.70.010 Purpose: The intent of this chapter is to provide standards for the regulation of signs in order to: safeguard and enhance property values; protect public and private investment in buildings and open space; preserve and improve the appearance of the city as a place in which to live, work and do business; create a more attractive economic and business climate; prevent excessive and confusing sign displays; reduce hazards to motorists and pedestrians; and promote the public health, safety and general welfare. (Ord. 1404) 21.70.020 Definitions: For the purposes of this chapter, the following definitions shall apply: A. Abandoned sign: A sign in place for a period of at least ninety days which no longer advertises an on- going business, lessor, owner or activity on the premises where the sign is displayed. B. Aggregate sign area: The total area of all signs and/or all messages located on a parcel. C. Awning: A roof or cover which projects from a wall of a building over a window or door, which is made of canvas, aluminum or similar material, and may be fixed in place or be retractable. D. Banner sign: A sign made of a flexible material that projects from or hangs from a building, structure, pole or wire. A banner sign includes flags but does not include pennants. E. Billboard sign: An off-site sign which is supported by one or more uprights, poles, or braces in or upon the ground other than a freestanding sign, monument sign, or pole sign. F. Building Frontage: 1. The lineal length of a building facing a public street; or 2. The lineal length of a building facing an open area where all of the following circumstances exist: a. The open area has a width (measured perpendicular from the wall to which the sign is to be affixed) of not less than thirty feet. b. The open area is improved and is in use for off-street parking. c. The open area is in the same ownership as the building to which signs are to be affixed; or Signs 189 Updated: April 1, 1993 21.70.020 F. 3. The lineal width of any alley, driveway, arcade, mall or similar open space which measures less than thirty feet and which provides public access to uses other than those fronting the public street; or 4. In the case of an open land use, other than off- street parking, driveways, alleys and similar areas, half the lineal distance of the open land use abutting the street; or 5. The width of a building exclusive of roof overhang and canopies, attached or unattached, or ornamental features which cause a protrusion from the walls of a building. Where the wall of a building is not vertical, the frontage shall be measured at ground level. G. Canopy sign: A sign under an awning or arcade perpendicular to a pedestrian walkway. H. City: The City of Livermore. I. Commercial complex: A collection of three or more commercial uses. J. Dilapidated sign: A sign that is no longer in a good state of repair or constitutes a health or safety hazard. K. Display: An item or arrangement of items indoors that is not attached to a window, door or wall. _ L. Electric sign: A sign containing electrical circuits, but not including signs illuminated by an exterior light source. M. Freestanding sign: A sign supported all or in part by the ground, including but not limited to a ground, monument, pole, or similar sign. N. Freeway oriented use: A use which is located within 1,500 feet of the center of Interstate 580. O. Good condition: A state of sign condition where all electrical components are in working order (if electrical sign) , and sign copy is undamaged. P. Industrial complex: A collection of three or more industrial uses. Q. Illegal sign: A sign constructed in violation of this chapter. R. Illuminated sign: A non-electric sign illuminated by an exterior light source provided specifically for the purpose of sign illumination. S. Joint Sign Program: Where two or more freeway oriented uses utilize one sign structure for display of signs on the site of one member of the Joint Sign Program. Signs 190 Updated: April 1, 1993 21.70.020 T. Legal nonconforming sign: A sign which was legally constructed under laws or regulations in effect at the time of construction which does not conform with the provisions of this chapter. U. Maior Street: A street identified as a major street in the Livermore Community General Plan. V. Master Sign Program: A program which establishes the sign development regulations and determines the integrated design concept for commercial and industrial complexes. W. Monument sign: A sign whose supporting structure is one hundred percent of the sign face, length and width, and whose supporting structure does not exceed the approved sign face area. X. Motor fuel price sign: A sign as specified in California Business and Professions Code section 13530 et seq., with a message limited to that required by state law. Y. Multiple-use sign: A sign used by two or more users. Z. Parcel: A piece of land, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purposes of transferring ownership. AA. Pennant: Any lightweight flexible plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, in a series of three or more, designed to move in the wind. BB. Permanent sign: A sign for which a sign permit is required and may be issued with no time limit in accordance with this chapter. CC. Pole sign: A sign wholly supported by a sign structure consisting of poles or posts in the ground. DD. Portable sign: A temporary sign which is not fastened to its supporting surface, such as an "A- frame" or "sandwich board." EE. Proiecting sign: A sign other than a wall sign, which projects from and is supported by a wall, building or structure. FF. Public property: All publicly owned property, including, but not limited, to streets, alleys, sidewalks, plazas, parks and buildings. GG. Ouadrant: Any of the four or fewer divisions which the area around an interchange of Interstate 580 is divided, where Interstate 580 is intersected by a cross street and connected by on and/or off ramps. The radius of a quadrant extends no further than 1,500 feet from the centerline of Interstate 580 and the interchange cross street. Signs 191 Updated: April 1, 1993 21.70.020 - HH. Readerboard: A non-electrical sign announcing events taking place on-site, the message of which is periodically changed, not including time-temperature devices. II. Roof sign: A sign erected upon or above any part of a roof or parapet of a building or structure. JJ. Sign: A device, fixture, placard, structure or painting that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. KK. Sign area: The total area of any portion of a structure to which any message is affixed. LL. Sign copy: The actual area of any words, letters, numbers, designs, figures or other symbolic presentation incorporated into a sign with the purpose of attracting attention to the subject matter. MM. Sign face: The portion of a sign that is used for displaying sign copy, together with any frame, color, panel, ornamental molding, or condition which forms an integral part of the sign copy and which is used to differentiate such sign copy from any wall or background against which it may be placed. Those portions of the supports, uprights or base of a sign that do not function as a sign shall not be considered as part of a sign face. NN. Site identification sign: A sign, other than a readerboard, which serves to inform only of the name, address and lawful uses of the premises upon which the sign is located (and which may include a trademark or symbol of a business) . 00. Street frontage: The lineal length of that portion of a parcel abutting a street. PP. Temporary sign: A sign intended to be displayed for a limited period of time only. QQ. Wall sign: A sign attached to or constructed against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall. Signs 192 Updated: April 1, 1993 —� ARTICLE II: General Provisions for Signs 21.70.030 Permit required: A permit is required for all permanent signs. Any sign not expressly authorized pursuant to this chapter is not permitted. All signs must be in accordance with this chapter and the Uniform Sign Code as adopted by Livermore Municipal Code Chapter 15.32. In the event of conflict, the more restrictive regulation applies. 21.70.040 General requirements: Unless otherwise specified, the following requirements apply to signs in all zoning districts: A. Signage allowed on one building or frontage shall not be transferred to another building or frontage. B. Each sign, including a sign located on a temporary or portable building, shall be subject to the requirements of this chapter. C. No wall sign shall project more than one foot from a building, except projecting wall signs permitted in the Downtown Commercial Core (DCC) and Outer Core Area (OCA) zoning districts. A sign which projects more than four inches from a building shall be placed no less than ten feet above the ground. D. Each sign shall be faced parallel to the street (or frontage if the building does not face a street) on which the sign is located except that: 1. A freestanding sign may be faced perpendicular to the street on which the sign is located. 2. A freeway oriented sign may be perpendicular to the freeway. 3. A projecting wall sign may be faced perpendicular to the street on which the sign is located. 4. In the case of a corner lot, freestanding signs may be diagonal at the corner. E. A freeway, freestanding or temporary sign is permitted within a required setback area provided it is: 1. Located within a permanently maintained landscaped planter area having an area at least twice that of the sign area; 2. Not closer than ten feet from any property line and ten feet from any access driveway; and 3. Not within a radius of twenty feet of the intersection of the right-of-ways of two intersecting streets. F. The area of a freestanding sign is deducted from the allowable area on the nearest comparable building frontage. Signs 193 Updated: April 1, 1993 21.70.040 G. A freestanding sign up to eight feet in height shall be a monument style sign. A freestanding pole sign is only permitted for a sign in excess of eight feet in height. H. Each sign containing commercial sign copy must be located on-site, except for a sign authorized pursuant to Civil Code Section 713, which advertises that a property is for sale, lease or exchange by the owner or his agent, and gives directions to the property and the owner's or agent's name, address and telephone number. I. The area of a supporting structure of a monument sign may not exceed the area of its approved sign face. 21.70.050 Exempt Signs: The following signs are exempt from regulation under this chapter: A. A public notice or warning required by a federal, state, or local law, regulation, or ordinance. B. A non-electrical nameplate, displaying only the name and/or address of the occupant, and which is one square foot or less. C. A traffic control or directional sign on private property which does not exceed four square feet. D. A clock, thermometer, barbershop pole, or similar device where not part of a permanent sign. E. A flag of any nation, state or city if displayed in a manner conforming to the flag code (36 U.S.C.A. section 173 et seq.). F. A display. G. A sculpture, statue, relief, mosaic or mural which is a work of art or otherwise decorative and does not contain a commercial message or symbol. H. A property address number consisting of numerals or letters twelve inches or less in height. 21.70.060 Signs On the Public Property: No signs are allowed on public property except for the following: A. A public sign erected by or on behalf of the City or other public entity to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic. B. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes. C. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property; Signs 194 Updated: April 1, 1993 21.70.060 D. A temporary sign in a residential zoning district as authorized under Section 21.70.160(B) and (C) . E. Signs constructed by the City to direct persons to specific districts, regions, or public facilities. F. A single banner sign over Second Street between South J Street and South K Street, and over North Livermore Avenue between Chestnut Street and Railroad Avenue. All such signs are subject to the following regulations: 1. The sign shall be non-commercial. 2. The sign applicant must apply with the Director of Public Works (for the purposes of this section "Director" means the Director of Public Works or his or her designee) . 3. The Director shall allow such signs on a first come - first serve basis for a period not to exceed fourteen days per sign. 4. The sign must be installed by the Director. 5. The City may charge a reasonable fee to cover the cost of installing the sign, as determined by a resolution of the City Council. G. A sign constructed by a public agency on its property, which is permitted in the zoning district in which the property is located. 21.70.070 Prohibited Signs: The following signs are prohibited in all zoning districts: A. A sign in conjunction with a home occupation. B. A flashing, moving, animated, blinking or rotating sign whose illumination changes with time, or which is designed in a manner to simulate motion. C. A sign constructed in such a manner as to create a traffic hazard by creation of glare, obstruction of vision, or at a location where it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign. D. A sign which includes noise making devices. E. A billboard or roof sign. 21.70.080 Measurement of Sign Area and Height: A. The area of a sign shall be measured by enclosing the shape in the simplest regularly shaped geometric figure, such as a circle, triangle, diamond, square, rectangle, or other figure having not more than six sides. Where one or more messages consist of letters, panels, or symbols ttached to a surface, then the sign area shall be the sum of the areas of each message. Signs 195 Updated: April 1, 1993 21.70.080 — B. The area of a sphere shall be computed as fifty percent of its surface. C. The area of a multi-sided sign shall be the total of each exposed sign face, except where signs are parallel back-to-back and attached to opposite sides of a supporting structure. The area of a motor fuel price sign shall be the total of each exposed face, regardless of the orientation of each face. D. The height of a freestanding or temporary sign shall be measured from the top of curb of the nearest street to the uppermost part of the sign or its supporting structure. E. The height of a freestanding freeway sign shall be measured from the basic grade of the lot on which the sign is placed to the uppermost part of the sign or its supporting structure. 21.70.090 Sign Maintenance: Each sign, including a non- conforming sign, shall be maintained in good condition. A dilapidated sign shall be subject to abatement in accordance with Section 21.70.120. 21.70.100 Legal Non-Conforming Signs: A previously existing legal permanent sign made non-conforming by the adoption of this chapter is permitted to continue. However, a modification to such a sign (other than a change of copy or normal maintenance and repair) is not permitted unless the sign is brought into conformance with this chapter. 21.70.110 Removal of Certain Signs: A. A sign constructed before the adoption of this chapter and which is unsafe, abandoned, destroyed, or was constructed illegally, may be removed under State law without payment of compensation in accordance with the provisions below: 1. A sign which meets any of the criteria specified in Business and Professions Code Section 5497, or all of the requirements of Business and Professions Code Section 5495, or their successor provisions, shall be removed without payment by the City of just compensation in accordance with those provisions. 2. A sign which meets the requirements of Business and Professions Code Sections 5412.1 or 5412.2 shall be removed in accordance with those provisions, or their successor provisions. 3. A sign which was constructed unlawfully shall be removed without payment of compensation. Signs 196 Updated: April 1, 1993 21.70.110 B. A sign owner has the burden of proving conformance with all ordinances and regulations in effect at the time of construction of the sign, and shall provide proof of conformance upon request of the City. 21.70.120 Enforcement: In addition to the other remedies provided by this Zoning Ordinance and the Livermore Municipal Code for violations of this Chapter, the City may declare as a public nuisance and abate at the owner's expense any sign maintained in violation of this Chapter. Abatement of illegal signs shall be in accordance with Business and Professions Code Sections 5499.1 - 5499.16, or their successor provisions. The Planning Director or his or her designee shall serve as the enforcement officer for the purposes of this Chapter. 21.70.130 Design Review: A. Each permanent sign is subject to design review. B. Each sign shall be consistent with the Livermore Urban Design Implementation Program and the Livermore General Plan Downtown Urban Design Plan. C. Each sign shall manifest balanced scale and proportions in its design and in its visual relationship to nearby buildings, its site, and surrounding land uses. D. Each permanent sign shall complement the architecture of the building with which it is principally associated, by incorporating compatible materials, colors, and shapes of the building. In addition, each permanent sign shall generally display restrained and harmonious colors, type, styles, and lighting, and shall be constructed of durable materials. E. Each sign shall be compatible with the general appearance of other signs visible from its site, and shall not compete for attention in a manner taking advantage of extreme, disharmonious, or clashing colors, shape, location, or materials. 21.70.140 Master Sign Program: A. The owners of a commercial or industrial complex and any joint freeway sign shall submit a master sign program for approval by Planning staff and the Design Review Committee. Signs 197 Updated: April 1, 1993 21.70.140 — B. A master sign program shall include the sign locations, sign type, colors, design, faces, materials, restrictions, prohibitions, and other general criteria for signs. A sign which is consistent with an approved master sign program is not subject to further design review. ARTICLE III: Temporary Signs 21.70.150 Temporary Signs in Commercial and Industrial Zoning Districts: In addition to the permanent signs allowed under Article 4 of this Chapter, temporary signs are permitted in zoning districts designated as Central Business (CB), General Commercial (CG) , Downtown Commercial Core (DCC) , Outer Core Area (OCA) , Neighborhood Commercial (CN) , Commercial Service (CS) , Highway Service Commercial (CHS) and Industrial (I) subject to the following: A. Only the following types of temporary signs are permitted: 1. A freestanding A-frame sign. 2. A window painting. 3. A banner sign. B. Prior to displaying a temporary sign which contains commercial sign copy, the owner of such a sign shall register the sign with the Director of Planning or his or her designee by completing a form provided by the City. The form shall include the owners name, address and telephone number, as well as dates the owner intends on displaying the sign. The City may charge a reasonable registration fee to cover the cost of inspection and enforcement, as determined by resolution of the City Council. C. A freestanding A-frame sign, window painting or banner sign shall be displayed no more than thirty days in any three month period if such a sign contains commercial sign copy, except for a sign authorized pursuant to Civil Code Section 713, which advertises that a property is for sale, lease, or exchange by the owner or his agent, and gives directions to the property, and the owner's or agent's name, address and telephone number. D. Each parcel shall have no more than one freestanding A-frame sign, window painting or banner sign. E. The maximum sign area of a freestanding A-frame sign or banner sign, is one-half of the sign area permitted for a permanent sign in the district in which the parcel is located. F. A temporary sign may not be illuminated. Signs 198 Updated: April 1, 1993 21.70.150 G. A window painting may cover only up to fifty percent of the window area. H. A temporary freestanding A-frame sign is subject to the following requirements: 1. Maximum size of temporary freestanding A-frame signs is thirty inches wide by forty-eight inches tall. 2. A temporary freestanding A-frame sign must be placed on private property or in a landscaped area, except in Downtown Commercial Core (DCC) or Outer Core Area (OCA) zoning districts, where the signs may be placed on a public sidewalk if a minimum 4.5 foot wide pedestrian circulation area is maintained. 21.70.160 Temporary Signs in Residential Zoning Districts: In addition to permanent signs allowed under Article IV of this chapter, temporary signs are permitted in zoning districts designated as Downtown Office Residential (DOR), Suburban Multiple Residential (RG) , Medium Density Residential (RM), Residential High (RH) , Suburban Residential (RS), Low Density Residential (RL) , Rural Residential (RR) and Duplex (R2) subject to the following: A. A temporary sign may be placed on private property subject to the following: 1. The maximum aggregate sign area per parcel is as follows: Site of Parcel or less than 1 acre to 10 acres Site 1 acre 9.9 acres or more Maximum Size 4 square 32 square 128 square feet feet feet Maximum Height 6 feet 8 feet 12 feet 2. A temporary sign may be freestanding or wall mounted; 3. A temporary sign may not be used to advertise a use not permitted in a residential zoning district. 4. A temporary sign shall not be used to advertise a home occupation. Signs 199 Updated: April 1, 1993 21.70.160 B. A temporary sign may be placed on public property subject to the following: 1. If the sign is advertising a commercial activity, it may be displayed on Friday, Saturday and Sunday during daylight hours only. 2. The sign may not be used to advertise a use not permitted in a residential zoning district. 3. The maximum sign size is four square feet. 4. Only one sign per each advertised activity (e.g.: a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity. Only one sign per each advertised activity, up to a maximum of three signs may be placed at any street intersection corner. 5. The sign may not be placed in the street or median areas. 6. The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians. ARTICLE IV: Permanent Signs 21.70.180 Agricultural (A) : In an Agricultural zoning district which is combined with an Open Space (OS) zoning district, permanent signs are permitted as follows: A. The maximum Sion area is thirty-two square feet per use. B. Permitted Signs. Only the following types of signs are permitted: 1. Freestanding. A freestanding sign which does not exceed eight feet in height. 2. Wall. A wall sign. 21.70.190 Central Business (CB) ; General Commercial (CG); and Neighborhood Commercial (CN) : In addition to the temporary signs allowed under section 21.70.150, permanent signs are permitted in a Central Business (CB) , General Commercial (CG) or Neighborhood Commercial (CN) zoning district as follows: A. The maximum aggregate sign area for all signs except freestanding signs and motor fuel price signs is as follows: Signs 200 Updated: April 1, 1993 21.70.190 A. 1. For primary building frontage, the allowable sign area is ten square feet for each parcel, plus one square foot for each lineal foot of the first fifty feet of building frontage, plus one square foot for each two lineal feet of building frontage in excess of fifty feet, to a maximum of one hundred and fifty square feet. The sign owner may choose which one frontage is primary building frontage and which one frontage is secondary building frontage. 2. For secondary building frontage, the allowable sign area is ten square feet for each parcel, plus one square foot for each two lineal feet of building frontage to a maximum of thirty-two square feet. 3. If more than one use exists on a parcel, in addition to the allowable sign area under subsections 1 and 2 above, each additional use is permitted ten square feet of sign area, which must be placed on the premises occupied by that use. B. Permitted Signs. Only the following types of signs are permitted: 1. Awning. A single awning sign which does not exceed thirty-two square feet in area or eight inches in height for the sign copy. 2. Canopy. A single canopy sign which does not exceed twelve inches in height or four feet in length. 3. Freestanding. A parcel is entitled to signs under either subsection a or b below, but not both: a. A freestanding sign which may be electrical and which does not exceed eight feet in height or twenty square feet in area; or b. Commercial Complex. For a commercial complex exceeding five acres in size, freestanding signs are permitted under either subsection i or ii below, but not both: i. A freestanding sign which may be electrical may be placed on each of not more than two frontages of the complex. Each sign may not exceed twenty-five square feet in area or eight feet in height, and ii. A freestanding sign which may be electrical and which does not exceed forty square feet in area or twenty-five feet in height. Signs 201 Updated: April 1, 1993 21.70.190 B. 4. Motor Fuel Price. A motor fuel price sign, as permitted under Section 21.70.320. 5. Wall. A wall sign. C. In a Neighborhood Commercial (CN) zoning district no sign shall be illuminated after normal business hours. 21.70.200 Downtown Commercial Core (DCC) : and Outer Core Area (OCA) : In addition to the temporary signs allowed under Section 21.70.150, permanent signs are permitted in a Downtown Commercial Core (DCC) , or Outer Core Area (OCA) zoning district as follows: 21.70.200 A. The maximum aggregate sign area for all signs except for motor fuel price signs is as follows: 1. For primary building frontage, the allowable sign area is ten square feet for each parcel, plus one square foot for each lineal foot of the first fifty feet of building frontage, plus one square foot for each two lineal feet of building frontage in excess of fifty feet, to a maximum of one hundred and fifty square feet. The sign owner may choose which one frontage is primary building frontage and which one frontage is secondary building frontage. 2. For secondary building frontage, the allowable sign area is ten square feet for each parcel, plus one square foot for each two lineal feet of building frontage to a maximum of thirty-two square feet. 3. If more than one use exists on a parcel, in addition to the allowable sign area under subsections 1 and 2 above, each additional use is permitted ten square feet of sign area, which must be placed on the premises occupied by that use. B. Permitted Signs. Only the following types of signs are permitted: 1. Awning. A single awning sign which does not exceed thirty two square feet in area or eight inches in height for sign copy. 2. Canopy. A single canopy sign which does not exceed twelve inches in height or four feet in length. 3. Motor Fuel Price. A motor fuel price sign, as permitted under Section 21.70.340. 4. Wall. A wall sign, which may be electrical. Signs 202 Updated: April 1, 1993 21.70.200. B. 5. Wall (projecting) . A single projecting wall sign which meets the following requirements: a. The sign shall be non-electrical and non- illuminated. b. The sign may not exceed four square feet in area. c. The sign shall be designed and located to be pedestrian oriented rather than auto oriented. d. The sign is permitted only on a building without an awning or marque across the majority of building frontage. e. The sign must be supported by the building in which the use exists. The sign may not be freestanding or connected to an awning or similar structure. 21.70.210 Commercial Office (CO); and Downtown Office- Residential (DO-R) : In addition to the temporary signs allowed under Section 21.70.150, permanent signs are permitted in a Commercial Office (CO) or Downtown Office- Residential (DO-R) zoning district as follows: A. The maximum aggregate sign area is as follows: 1. For parcels in a Commercial Office (CO) zoning district, the maximum sign area is ten square feet, plus one square foot for each two lineal square feet of building frontage to a maximum of fifty square feet. Each occupant of a building may also have a nameplate sign which does not exceed two square feet in area. 2. For parcels in a Downtown Office-Residential (DO- R) zoning district, the maximum sign area is one square foot. Each occupant of a building may also have a nameplate sign which does not exceed two square feet in area. B. Permitted Signs. Only the following types of signs are permitted: 1. Awning. A single awning sign which does not exceed thirty-two square feet in area or eight inches in height for the sign copy. 2. Canopv. A single canopy sign which does not exceed eight inches in height or three feet in length. 3. Name Plate. A name plate sign. 4. Wall. A wall sign. Signs 203 Updated: April 1, 1993 21.70.220 Professional Office (CP) : In a Professional Office(CP) zoning district, permanent signs are allowed as follows: A. The maximum aggregate sign area is two square feet per use or principal professional occupant. B. Permitted Signs. Only the following types of signs are permitted: 1. Freestanding. A freestanding sign which may be illuminated and which does not exceed twenty square feet in area or eight feet in height, is permitted on each of not more than two frontages of a building. 2. Wall. A wall sign. 21.70.230 Commercial Service (CS) : In addition to the temporary signs permitted under Section 21.70.150, permanent signs are permitted in a Commercial Service (CS) zoning district as follows: A. The maximum aggregate sign area for all signs except freestanding signs, freeway freestanding joint use signs and motor fuel price signs is as follows: 1.. For primary building frontage, the allowable sign area is ten square feet for each parcel, plus one square foot for each lineal foot of the first fifty feet of building frontage, plus one square foot for each two lineal feet of building frontage in excess of fifty feet, to a maximum of one hundred and fifty square feet. The sign owner may choose which one frontage is primary building frontage and which one frontage is secondary building frontage. 2. For secondary building frontage, the allowable sign area is ten square feet for each parcel, plus one square foot for each two lineal feet of building frontage to a maximum of thirty-two square feet. 3. If more than one use exists on a parcel, in addition to the allowable sign area under subsections 1 and 2 above, each additional use is permitted ten square feet of sign area, which must be placed on the premises occupied by that use. B. Permitted Signs. Only the following types of signs are permitted: 1. Awning. An awning sign which does not exceed thirty-two square feet in area or eight inches in height for the sign copy. 2. Canopy. A single canopy sign which does not exceed twelve inches in height or four feet in length. Signs 204 Updated: April 1, 1993 21.70.230. B. 3. Freestanding. Each parcel which is one acre or smaller may have one freestanding sign. The sign shall not exceed thirty-two square feet in area or eight feet in height. Each parcel larger than one acre and having a street frontage of three hundred feet or more may have one additional electrical freestanding sign not exceeding thirty-two square feet in area or eight feet in height. A minimum separation of one hundred and fifty feet is required between signs. Freestanding signs permitted under this section may be electrical. 4. Motor Fuel Price. A motor fuel price sign, as permitted under Section 21.70.320. 5. Wall. A wall sign which may be electrical. 21.70.240 Highway Service Commercial (CHS) : In addition to the temporary signs permitted under Section 21.70.150, permanent signs are permitted in a Highway Service Commercial (CHS) zoning district as follows: A. The maximum aggregate sign area for all signs except freestanding signs, freeway freestanding joint use signs and motor fuel price signs is as follows: 1. For primary building frontage, the allowable sign area is ten square feet for each parcel, plus one square foot for each lineal foot of the first fifty feet of building frontage, plus one square foot for each two lineal feet of building frontage in excess of fifty feet, to a maximum of one hundred and fifty square feet. The sign owner may choose which one frontage is primary building frontage and which one frontage is secondary building frontage. 2. For secondary building frontage, the allowable sign area is ten square feet for each parcel, plus one square foot for each two lineal feet of building frontage to a maximum of thirty-two square feet. 3. If more than one use exists on a parcel, in addition to the allowable sign area under subsections 1 and 2 above, each additional use is permitted ten square feet of sign area, which must be placed on the premises occupied by that use. B. Permitted Signs. Only the following types of signs are permitted: 1. Awning. A single awning sign which does not exceed thirty-two square feet in area or eight inches in height for the sign copy. Signs 205 Updated: April 1, 1993 21.70.240. B. 2. Canopy. A single canopy sign which does not exceed twelve inches in height or four feet in length. 3. Freestanding. Each parcel which is one acre or smaller may have one freestanding sign. Each parcel larger than one acre and having a street frontage of three hundred feet or more, may have one additional freestanding sign. Each sign shall not exceed thirty square feet in area or eight feet in height. A minimum separation of one hundred and fifty feet is required between signs. Freestanding signs permitted under this section may be electrical. 4. Motor Fuel Price. A motor fuel price sign, as permitted under Section 21.70.340. 5. Wall. A wall sign which may be electrical. 6. Freestanding Freeway. A freestanding freeway joint use sign is permitted with a Conditional Use Permit, subject to the following requirements: a. A freestanding freeway joint use sign must be used by two or more freeway-oriented uses within a quadrant. However, the owner of a single freeway-oriented use is permitted to construct such a sign if the Planning Commission finds there is the potential for future development of one or more other freeway-oriented uses within the quadrant. b. One joint sign is permitted per quadrant. c. The joint sign and qualifying use must be located within the quadrant. d. The joint sign must be located on the site of one of the participating uses. e. The maximum aggregate sign area for all participating uses is two hundred square feet, plus an additional twenty-five percent area is permitted for place identification on the sign. In no case, however, shall the total aggregate sign area exceed two hundred and fifty square feet. One-half of the area of the sign is deducted from the maximum aggregate sign area of each participating use. Signs 206 Updated: April 1, 1993 21.70.240. B. 6. f. An individual sign of a participating use within a joint sign may not exceed one-third of the total aggregate sign area of the joint sign, unless three or more users agree in writing. Upon such agreement, an individual sign of a participating use may be increased up to one hundred square feet in area. g. Conditional Use Permit approval is contingent upon the following: i. The applicant must demonstrate, through photo studies acceptable to the Planning Commission, that the sign is optimally located within the quadrant based on visibility from Interstate 580. ii. The applicant must demonstrate that the sign is the minimum height necessary to achieve its purpose of being visible from both directions of Interstate 580, but not higher than fifty feet. iii.The Planning Commission must make a finding that the joint sign is consistent with the Master Sign Program. 21.70.250 Education and Institutions (E) : In an Education and Institutions (E) zoning district, permanent signs are permitted as follows: A. The maximum sign area is fifty square feet per use. B. Permitted Signs. Only the following types of signs are permitted: 1. Freestanding. A freestanding sign which does not exceed thirty-two square feet of sign area and a height of eight feet. 2. Wall. A wall sign which may be electrical. 21.70.260 Highway Combining (H) : In a Highway Combining (H) zoning district, permanent signs are permitted as allowed in the zoning district with which combined. 21.70.270 Research and Development (I-11; Light Industrial (I-2); and Heavy Industrial (I-3) : In addition to the temporary signs allowed under Section 21.70.150, permanent signs are permitted in a Research and Development (I-1), Light Industrial (I-2), or Heavy Industrial (I-3) zoning district as follows: Signs 207 Updated: April 1, 1993 21.70.270 A. The maximum aggregate sign area for all signs, except area signs and industrial park identification signs, is thirty-two square feet per parcel plus one square foot for each two feet of building frontage in excess of fifty feet, up to a maximum of one hundred square feet. In addition, if more than one use exists on a parcel, there is allowed twelve additional square feet for each use, which is to be placed on the premises occupied by the use. B. Permitted Signs. Only the following types of signs are permitted: 1. Area Identification. An Area Identification sign as permitted under Section 21.70.330. 2. Motor Fuel Price. A Motor Fuel Price sign as permitted under Section 21.70.340. 3. Freestanding. Each parcel which is one acre or smaller may have one freestanding sign. Each parcel larger than one acre and having a street frontage of three hundred feet or more, may have one additional freestanding sign. Each sign shall be a maximum of thirty-two square feet in area and eight feet in height. A minimum separation of one hundred and fifty feet is required between signs. Freestanding signs permitted under this section may be electrical. 4. Wall. A wall sign which may be electrical. 5. Industrial Park Identification. A single industrial park identification sign is permitted with a Conditional Use Permit for parcels directly adjacent to Interstate 580 consisting of one hundred acres or more, and is subject to the following requirements: a. The sign must be visible from at least one direction of Interstate 580. b. The sign must have a maximum height of twenty-five feet and a maximum sign area of one hundred square feet. c. The width of the sign structure shall be one hundred percent of the width of the sign face. d. The sign shall be located on-site. e. The sign shall be located within a landscaped area of at least two thousand square feet. f. The sign shall be located within two hundred feet of the edge of the freeway right-of-way of Interstate 580. Signs 208 Updated: April 1, 1993 21.70.280 Planned Development (PD) : Unless otherwise specified in a Planned Unit Development Permit, in a Planned Development (PD) zoning district, permanent signs are permitted as follows: A. The maximum sign area is thirty-two square feet per use. B. Permitted Signs. Only the following types of signs are permitted: 1. Freestanding. A freestanding sign which does not exceed eight feet in height. 2. Wall. A wall sign. 21.70.290 Medium Density Residential (RM) ; Residential High (RH) : and Suburban Multiple Residential (RG) : In addition to the temporary signs allowed under Section 21.70.160, permanent signs are permitted in a Medium Density Residential (RM) , Residential High (RH) or Suburban Multiple Residential (RG) zoning district as follows: A. The maximum aggregate sign area for all signs, except for area identification signs and freestanding signs, is twelve square feet per use. B. Permitted Signs. Only the following types of signs are permitted: 1. Area Identification. An area identification sign as permitted under Section 21.70.310. 2. Wall. A wall sign. 3. Freestanding. A freestanding sign which does not exceed twelve square feet in area or six feet in height. For uses having a street frontage in excess of three-hundred feet, an additional freestanding sign containing twelve square feet in area is permitted. Freestanding signs must be separated a minimum distance of one hundred and fifty feet. 21.70.300 Suburban Residential (RS); Rural Residential (RR) : Low Density Residential (RL); and Duplex Residential (R2) : In addition to the temporary signs allowed under Section 21.70.160, permanent signs are permitted in a Suburban Residential (RS) , Rural Residential (RR), Low Density Residential (RL) or Duplex Residential (R2) zoning district as follows: A. The maximum aggregate sign area, except for area identification signs, is one square foot per parcel. B. Permitted Signs. Only the following types of signs are permitted: 1. Area Identification. An area identification sign, as permitted under Section 21.70.310. 2. Wall. A wall sign. Signs 209 Updated: April 1, 1993 ARTICLE IV: Special Provisions 21.70.310 Area Identification Signs: Where permitted under Article IV of this chapter, area identification signs serving to identify an area, neighborhood or district, are permitted as follows: A. The sign may be on each of two corners of streets entering an area, neighborhood, or district. B. The sign shall be architecturally part of an otherwise permitted permanent fence, wall, or similar structure defining the entrance. C. Aggregate area of sign copy shall not exceed fifteen square feet. D. The sign copy shall be non-commercial. E. Where dedication of the sign is proposed, the dedication shall include the structure and land on which the sign is located, together with access to the nearest public right-of-way. 21.70.320 Motor Fuel Price Signs: Where permitted under Article 4 of this chapter, Motor Fuel Price signs are permitted as follows: A. The maximum aggregate sign area for sign copy is forty square feet per use, however, the area of sign copy on an individual sign may not exceed twenty square feet. B. When a sign is freestanding, its maximum height is six feet. C. A sign may be electrical. D. A sign permitted under this section is in addition to, but may be combined with, a freestanding sign which is regulated under Article IV of this chapter. Signs 210-212 Updated: April 1, 1993 • ORDINANCE NO. 91-30 AN ORDINANCE OF THE TOWN OF DANVILI E ADDING SECTION 32-45 OF ARTICLE VI, DIVISIONS 1 THROUGH 3, TO CHAPTER XXXII;REPEALING SECTION 32-45 OF ARTICLE VI OF CHAPTER 3COM OF THE DANVIT I F MUNICIPAL CODE,AND SECTIONS 84-44.1802 AND 84-46.1402 OF THE CONTRA COSTA COUNTY ORDINANCE CODE,AS ADOPTED BY REFERENCE, RELATING TO SIGNS. THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION 1. REPEALING ARTICLE VI OF CHAPTER XXXII OF THE DANV LLE MUNICIPAL CODE AND SECTIONS 84 44.1802 AND 84-46.1402 OF THE CONTRA COSTA COUNTY CODE: Article VI of Chapter X CCJI of the Danville Municipal Code and Sections 84-44.1802 and 84-46.1402 of the Contra Costa County Code, as adopted by reference by the Danville Municipal Code,is hereby repealed in its entirety. SECTION 2. ADDITION OF ARTICLE VI OF CHAPTER IOOCII, SIGNS: Article VI Of Chapter XXXII,Signs,is hereby added to the Danville Municipal Code,and shall read as follows: DIVISION 1: GENERAL Section: 32-45.1 General Provision 32-45.2 Purpose 32-45.3 Definition Section_ ;Z_45 1 General Provision. All land within the Town limits of the Town of Danville is subject to this Article. Section 2- 4 2 Pu ose. The purpose of this Article is to provide minimum standards to safeguard life, health,property and the public welfare in keeping with the unique character of the Town of Danville(Town)by regulating the size,height,number,location, design, PAGE 1 OF ORDINANCE 91-30 ATTACHMENT ci aesthetics, construction materials, construction details, illumination, and maintenance of all signs. The Town acknowledges the need to effectively communicate commercial, civic,public service and other messages. At the same time it realizes that the attractiveness of the community is an important factor in preserving the general welfare of its citizens. Consequently,the Town has a goal of permitting signs which are attractive in design with a complimenta--blend of colors and materials and appropriately placed on the building or site so that they compliment the business and the community. These sign regulations are established to: 1. Promote and maintain economically viable commercial enterprises. 2. Provide effective communication to identify business activities and the nature of goods and sex-vices available. 3. Attract and direct persons to various destinations. 4. Protect property values by prohibiting signs that are incompatible with the purpose of this ordinance. 5. Reduce hazards to motorists and pedestrians. 6. Prevent excessive and confusing signs. 7. Enhance the aesthetic and economic value of the entire community by providing a reasonable and comprehensive system of sign control within the general planning program and zoning provisions. Exceptions to the sign standards herein are available through Section 32-45.7 procedures,providing that the underlying intent of the proposal is in keeping with Community goals and policies and the intent of this Article. Gaffe €a: ess • PAGE 2 OF ORDINANCE 91-30 Section 32-45.3 Definitions In this Article,unless the context otherwise requires,the following definitions shall apply: 1. A-frame Sign - A portable freestanding sign capable of standing without support or attachment 2. Abandoned Sien - A sign located on property which becomes vacant or unoccupied for three months or more or which is obsolete because it pertains to an occupant,service,product,activity or land use which no longer exists on the site, 3. Anchor Tenant - A tenant of a multi-tenant center with a minimum of 8,000 gross square feet of tenant space. EAVE SIGN 4. Building Frontage - The elevation of the building or individual tenant space (whichever is applicable) where there is public entrance and which faces either a public street or other public open place, such as a parking lot or plaza. 5. Construction Sign - A temporary on-site freestanding sign which is designed and constructed to identify a residential or commercial project while it is under construction. This sign shall not be permitted in addition to On-site Commercial Signs or On-site GROUND SIGN Real Estate Sign-Residential. 6. Dilapidated Sign-A sign where elements of the panel are visibly cracked, broken, discolored and are otherwise not in harmony with the rest of the surface area, or where the support structure or frame members are visibly corroded, bent, broken, torn or dented, or where the message can no longer be read under normal viewing conditions. PAGE 3 OF ORDINANCE 91-30 7. Eave Sign - A sign hanging from an eave parallel to the wall of the building to which it is I�l A attached. The requirements for and eave sign are the same as for a wall sign. I'I 8. Ground Sign -A sign independently supported in a fixed location and not attached in any way to a building or structure. INTERNAL 9. Historic Downtown-The boundary of Historic ILLUMNATION SIGN Downtown is shown on Exhibit A and includes Areas 1, 2, 3 and a portion of 4. 10. Indirect Illumination - A method of sign illumination where the source of light is not integral to the sign housing itself.but is directed at the sign from a distance. 11. Internal Illumination - A method of sign Iitoj illumination where a sign houses an internal electrical system of lighting. This type of sign includes halo-lit and individually illuminated letters. This type of illuminated sign requires 1 approval of a Master Sign Program. (Note: Internally illuminated signs are prohibited in the NTE3iNAL Historic Downtown-Areas 1,2,3 and a portion of 4 of the Downtown Business District) ILLUMINTION SIGN 12. Mini-Pole Sign-Freestanding sign with a single pole base and a projecting sign located perpendicular to the public right-of-way. (Note: These signs are encouraged in the Historic Downtown-Areas 1, 2, 3 and a portion of 4 of the Downtown Business District). 13. Neighborhood Identification Sign-A sign placed at the entry to a subdivision identifying the name of the subdivision. 14. Neon Sign-A type of internally illuminated sign where exposed tubing houses color forming M POLE SIGN gases for signage purposes,not including neon used to illuminate the architectural features of a PAGE 4 OF ORDINANCE 91-30 building where the neon tubes are not directly visible to the public. 15. Nonaccessory Si - An off-site sign advertising a business, activity or promotion that is not related to the property the sign is located on. ICO.,a 16. Non-illuminated Si -A sign without internal or direct external lighting. am!.... __ ■■■■■, 17. Political Sin - A sign which is intended to � ����� advertise support of, or opposition to, a candidate for ublic offi ce or a proposition, or a sign intended to convey a non-commercial ROOF SIGN social, or political message. 18. Public Right-of Wav - That area reserved for public street, sidewalk and utility purposes. The public right-of-way is usually limited to the curb- to- curb street width plus an additional ten feet on each side of the street reserved for sidewalk and utilities. (Note: This standard may vary and each situation requires verification with the Town Engineering Division.) 19. Real Estate Si s - On-Site Real Estate Sign - Residential: A sign which serves solely to advertise the sale, rent or lease of a single family 1111 residential property where the sign is located. The sign is usually located out of doors or in a 101 place where it is visible from out of doors. Off-site Real Estate - Open House/Directional SHINGLE SIGN Sign - Residential: A sign intended to provide directional information to the public regarding the open house of a residential property. The sign is movable, not structurally attached to the ground, or to a building, structure, or another sign. The sign is usually double faced (e.g. Real Estate "Open House Sign"). On-site - Commercial Sign: A sign (which can be double sided) that serves solely to advertise PAGE 5 OF ORDINANCE 91-30 the sale, rent or lease of the commercial premises where the sign is located, including investment residential properties. The sign is usually located out of doors or in a place where it is visible from out of doors. 20. Roof Sign-A roof sign is a sign which is located MEPon a roof slope or totally above a parapet or eave. This type of sign is a prohibited sign. 21. Shingle/Projecting Sign - A sign, other than a PROJECTING SIGN wall sign, which is suspended from or supported by a bracket and which projects outward at a perpendicular angle from the wall to which it is attached. (Note: Often times this sign is located under a building canopy). 22. Sign - A "Sign" shall be broadly construed to include an advertisement, name, figure, character, delineation, announcement, advertising structure, device, symbol or logo and any other thing of a similar nature designed to identify a person, business, commodity or sex-vice or otherwise am-act attention. A "Sign" shall include outdoor advertising displays,such TOWN i as a street clock, barbershop pole or similar device used to identify a particular type of OF k business activity. A "Sign" shall not include a DL display of merchandise which is available for sale on the premises,nor shall it include a sign maintained entirely within a building which is more than three feet behind a window in the building. SIGN AREA 23. Sign Area-One face of a double-faced sign shall be calculated for the entire area of a sign. If a sign does not have a background, the area in square feet of the smallest rectangle enclosing the total exterior surface of a sign. If the sign is framed or contains a background,the sign area shall be calculated by the entire area of the sign, including the background. PAGE 6 OF ORDINANCE 91-30 • .. 24. Sign Height - The dimension determined by measuring the distance between the highest point of the actual sign face and the finished grade directly below it. 25. Sign Rider-An attachment to an existing On-site or Off-site Real Estate Sign advertising extra 77-17-----1 amenities (e.g., open house, pool, number of bedrooms, lot size, etc.). h 26. Sign Sight Triangle-A triangular area at a street corner or driveway intersection determined by E SIGN SIGHT the intersection of two prolonged curb lines. TRIANGLE The area of the triangle is calculated from the intersection of the prolonged curb lines. measuring 25 feet in each direction from the corner to the hypotenuse of the triangle. The sides of the triangle shall be 25 feet long. (Note: For a 90 degree intersection,the hypotenuse is � L•:_....:.,�.: 35+/-feet.) Ili..... ...1 27. Street Frontage-The length of the property line which is also the right-of-way of a public street. D ' In the case where a lot faces more than one street,the longest such frontage of the lot shall be the street frontage. ilk 1N1 28. Subdivision Reader Boards - An off-site subdivision sign that conforms with the Town- R r �i��, are temporary Tarr signs rd P direct e signs are tem ora signs that direct the public to residential subdivisions that have lots for sale. Installation of these signs require a Sign Permit. 29' Tenant Frontage -The width of a tenant space SUBDIVISON READER BOARDS defined by lease lines in which there is a public access that faces either a public street or other public open space. 30. Temporary/Promotional Sign - A non- permanent sign intended to be used for a limited period of time, (or as specified in a Temporary Sign Permit). These type of signs PAGE 7 OF RESOLUTION NO. 91-30 . i � ) i • - 1011t111Milb include,but are not limited to,A-frame signs for I pMilli O special promotions or events, banners (located inside or out), window decals advertising a • , product, service or special promotion, _ decorative flags, holiday decorations or non- I - permanent window signs advertising the business,a service,product,promotion,sale or WALL SIGN event. 31. Tethered Sian -A sign which is anchored by a rope,wire,chain or similar method(e.g.a large •I J helium-filled balloon). • • • 11111 32. Wall Sign - A sign which is erected, printed, _ painted, incorporated into, suspended from or • . I otherwise affixed to a wall, overhang, or covered walkway of a building or structure in an 1essentially flat position or with the exposed face of the sign in a location parallel to the plane of WINDOW SIGN the wall. 33. Wall area-Wall area is measured by calculating the continuous uninterrupted wall area (not including windows) on the elevation where a sign is to be placed. 34. Window Sign -A permanent sign erected on a building window or a sign located indoors and within three feet of a window or building opening which is clearly visible and readable from a street or public place. k III .O !swirl ••• ••• m no r WALL AREA PAGE 8 OF ORDINANCE 91-30 DIVISION 2: ADMINISTRATION AND PROCEDURES Section: 32-45.4 Administration 32-45.5 Owner's Consent 32-45.6 Permit Required 32-45.7 Exceptions 32-45.8 Exemptions 32-45.9 Prohibited Signs 32-45.10 Applications 32-45.11 Fee 32-45.12 Criteria for Review 32-45.13 Master Sign Program Permit 32-45.14 Sign Standards 32-45.15 Temporary/Promotional Signs 32-45.16 Real Estate Signs 32-45.17 Construction Signs 32-45.18 Subdivision Reader Boards 32-45.19 Sign Illumination 32-45.20 Approval 32-45.21 Denial 32-45.22 Appeal 32-45.23 Limitations 32-45.24 Revocation 32-45.25 Records Section 32-45.4. Administration. The Chief of Planning shall administer and enforce this Article. Each officer and employee of the Town shall assist and cooperate with the Chief of Planning in enforcement of this Article. Section 32-45.5. Owner's Consent. No sign may be placed upon a property without the consent of the property owner. Section 32-45.6. Permits Required. A Sign Permit provides Town review of signs for all businesses. The standards contained in this Article are intended to be maximums. The Town may impose more strict standards than these regulations if the proposed sign is determined to exceed what is necessary for adequate identification. 1. A Sign Permit is required prior to placing a sign (including individual letter signs) in the Town, unless the sign is specifically exempted under this Article. 2. All signs not in conformance with this Article, existing upon the date of adoption of this Article, are permitted to remain in use until such time as there is a request to change the sign or application for a new sign permit for any sign related to the subject business. Use of PAGE 9 OF RESOLUTION NO. 91-30 temporary/promotional signs are exempt from this section. Sign permits for new signs may be conditioned upon removal of existing signs made illegal by this ordinance. Any alteration or change of face to an existing sign is subject to the provisions of this Article. The owner, or his assigned agent, shall obtain a Sign Permit before making such alterations to an existing sign. However,no permit is required for repainting a sign the same color,cleaning or other normal maintenance or repair of a sign, as long as the sign is not structurally modified in any manner. A change of face for a tenant of a multi-tenant sign is permitted without requiring the entire sign to conform with this ordinance, if the face change is less than 51%of the total sign area. If the face change for a multi-tent sign is greater than 51%of the total sign area, then the sign shall be subject to Section 32-45.32 and shall be amortized over a period of six months. 3. Signs in existence on the date of adoption of this Article which have been granted an exception by the Town of Danville, may change a sign face providing that the factors justifying the original exception still pertain. 4. Prior to installation,a building permit shall be required for all signs attached to a structure or anchored to the ground. Section 32-45.7. Exceptions. Upon application,the Design Review Board may grant an exception to a regulation in this Article,or at the discretion of the Chief of Planning,the application may be referred to the Planning Commission. An exception may be granted when the following conditions are found to be present: 1. The proposed exception conforms as closely as practicable to the regulations pertaining to sign size,number, and location; and 2. The proposed exception is not inconsistent with the intent and purpose of the sign regulations;and 3. Either; a. strict adherence to the sign regulations does not allow adequate identification of the site because of the site's location or configuration,or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation; or b. the architectural style, materials or construction elements of the building are such that a sign placed in conformance with this chapter would conflict with other aesthetic considerations. PAGE 10 OF RESOLUTION NO. 91 30 Section 32-45.8. Exemptions. The following signs are exempt from obtaining a Sign Permit but shall comply with all other regulations of this Article: 1. A sign placed by a public utility or the Town of Danville for the safety or welfare of the public, such as a sign identifying high voltage, underground cable or related to the construction of Town capital improvement projects. 2. An official fire or police-related sign,or a sign required to be posted and maintained by law or governmental order, such as a public health warning, traffic, parking or similar regulatory device, legal device or warning at a railroad crossing. 3. A flag or emblem of a government which is smaller than 3 x 5 feet in size and displayed on a maximum 25'pole. 4. A bulletin board,not exceeding six square feet in area and six feet in height, on the site of an educational or religious institution relating to an activity conducted at,or sponsored, by the institution. 5. A professional nameplate, street address or historic tablet sign less than two square feet in area. 6. Informational signs such as hours of operation, "open" signs (including neon)located inside a window less than two square feet, directional signs, credit cards honored or membership in civic, business or professional organizations. Such signs, or group of signs, may not exceed a total of four square feet in area at an individual establishment. 7. A barber pole sign not exceeding three feet in height. 8. Any of the following temporary signs where such signs do not exceed six square feet in area and six feet in height. These signs may not be placed in the public right of way. a. A political sign, provided it is removed within 10 days after the election. b. A special event sign advertising a community-wide event of general interest and sponsored by a non-commercial group, placed for 30 days or less. c. One sign placed on a building or site designating the property for sale or lease. d. Open House/Directional-Residential real estate signs. 9. Changeable copy or message portion of a theater marquee or reader board. PAGE 11 OF RESOLUTION NO. 91-30 10. A sign placed on the interior of a building that can not be seen by the general public from the exterior. 11. Holiday decorations,light and displays,placed no more than 45 days before a holiday and removed within 10 days after the holiday, except the Christmas Holidays where they shall be removed within 30 days after Christmas. 12. Construction and/or advisory signs installed by the Town of Danville. 13. Special event signs on the Town-installed banner poles. Section 32-45.9. Prohibited signs. Use of the following signs is prohibited: 1. Tethered signs 2. Signs designed,placed,or oriented for freeway exposure,except for building frontages facing in the direction of the freeway 3. Mobile,moving,flashing or blinking signs 4. Nonaccessory signs 5. Dilapidated signs 6. Portable trailer signs 7. Signs attached to or painted on a sound wall, fence, or vehicle parked for the purpose of advertising to the public 8. Signs supported by exposed wires or cables 9. Roof signs 10. Electrified reader boards with a moving display 11. Unauthorized signs located in the public right-of-way 12. laser signs 13. Signs painted directly on a building 14. Neon signs depicting product trademarks and names Section 32-45.10. Applications. A sign permit application form is filed with the Planning Division. The application shall contain the name, address and telephone number of the applicant and the location of the building,structure or property on which the proposed sign(s)is to be placed. Sign plans shall be drawn to scale and shall be clear and legible and consistent with professional standards. The sign application shall include the following: 1. Architectural details, site plan information and elevations of the building in context to the project architecture. 2. The application shall include such other information, material samples, colors, attachment details or exhibits as the Planning Division may require. PAGE 12 OF RESOLUTION NO. 91-30 3. 1,,e application shall be accompanied oy; a) filing fees and b) the written consent of the legal owner of the property on which the sign will be placed. Section 32-45.11. Fee. The fee for a Sign Permit shall be established by Town Council ordinance. The fees are non-refundable. If work begins without a Sign Permit,a staff investigation will be conducted and the applicant shall pay a fee equivalent to double the usual fee (whether or not a permit is subsequently issued). Section 32-45.12. Criteria for Review. The Chief of Planning shall check the application as to design,location and other relevant factors and may require modifications in the applicant's proposal. The following criteria shall be used in reviewing the application: 1. The sign shall be consistent in character with the Town's Commercial Design Guidelines. 2. The sign shall be compatible with project architecture and no larger than necessary for adequate identification. 3. Signs shall serve primarily to identify the business,establishment or type of activity conducted on the premises;or the product,service or interest being exhibited or offered for sale, rent or lease on the premises. 4. Shall not excessively compete for the public's attention. 5. Signs shall be harmonious with the materials, color, texture, size, shape, height, location, and design of the project architecture; and shall be in scale with the architectural style of the building,property and environment of which they are a part 6. Sign designs shall be consistent with professional graphic and structural standards. 7. Sign illumination,where allowed by provisions in this Article, shall be at a lowest level consistent with adequate identification and legibility. Section 32-45.13. Master Sign Program Permit. The term"Master Sign Program Permit"means a sign permit to allow the owner or occupants of an individual building or group of buildings having a common architectural style (including shopping centers)to develop a comprehensive sign program for the complex. The intent of the master sign program is to ensure the PAGE 13 OF RESOLUTION NO. 91-30 compatibility of signs within the building or complex and compatibility with the project architecture. Each sign under a master sign program must demonstrate a unified design theme regarding proportion and structural support, and shall conform to the following standards: 1. Ground Signs. Project ground signs shall follow Section 32-45.14.5a standards and are allowed in addition to the standards in this Section. 2. Area. For multi-tenant shopping centers, the maximum square footage allowed is.75 square feet per 1 linear foot of tenant frontage for all signs. For individual freestanding buildings, the maximum square footage allowed shall conform with the sign standards in Section 32-45.14 of this Article. 3. Number. No more than two per tenant space shall be established, except that three signs may be utilized for corner tenants. However, no more than one sign shall be at the same level and oriented in the same direction. 4. Criteria. The following criteria shall be reviewed for consistency in a sign program. a. Background color; b. Size,shape and form; c. Lettering style; d. Lettering color; e. Location; f. Material. g. Lighting method 5. Letter Height. Sign lettering shall not exceed a maximum of 18"in height; unless it can be demonstrated that the letter size is in proportion with the project architecture,compatible with other signs in the development and in scale with the wall area it is mounted on. It must also be demonstrated that the sign is no larger than necessary to be legible to the public. 6. Illumination. All lighting methods and fixtures shall be reviewed with the sign permit. a. Indirect Illumination. Lighting intensity shall be the minimum required to be legible. All light sources shall be directed away from view of the general public and appropriately screened. PAGE 14 OF RESOLUTION NO. 91-30 b. Internal Illumination. 1) Location. Internally lighted signs are permitted for project anchor tenants and project identification signs. No internally lighted signs are permitted in Areas 1, 2, 3, and a portion of 4 (see attached map) of the Downtown Business District. 2) Design. Halo-lit signs and internally lighted signs with opaque backgrounds are preferred over signs with light colored backgrounds and dark lettering. 3) Illumination. Lighting intensity shall be the minimum required to be legible. 4) Permit. A Master Sign Program Permit is required for all projects with internal illumination. Sign programs which include internal illumination may, at the discretion of the Chief of Planning, be referred to the Planning Commission. 5) Exceptions. Exceptions to this Section may only be approved by the Planning Commission. 7. Approval. The"Master Sign Program Permit"shall be issued by the Chief of Planning after Design Review Board review and approval,or at the discretion of the Chief of Planning, the application may be referred to the Planning Commission for consideration and action. 8. Installation. After a master sign program permit is approved, no person shall install individual signs without first obtaining a separate sign permit, unless the master sign permit specifically allows administrative approval prior to issuance of a Building Permit. 9. Exception. Artistic sign programs are encouraged. However, if a program is designed to be consistent with the architectural style of the project, but does meet these standards, the program may be reviewed on its own merit and shall require approval of an Exception,per Section 32-45.8 of this Article. PAGE 15 OF RESOLUTION NO. 91-30 Section .5.14. Sign Standards. The following standards govern sign approvals which can be acted on administratively by the Planning.Division. Applicants must complete a sign application per Section 32.45.6 requirements. All Exceptions to these standards shall be reviewed by the Design Review Board per Section 32.45.7 of this Article. 1. General a. Sign Depth. All signs must have a minimum thickness of 1 1/2 inches. Window or other similar signs are exempt from this requirement b. Number. No more than two signs per premise or tenant occupancy(whichever is greater), exclusive of Ground Signs and Temporary/Promotional Signs. c. Placement. More than one sign may be located on the same elevation as long as the primary visual orientation is different. d. Letter Height. Sign lettering shall not exceed a maximum of 18"in height, however, 10"letter height is generally assumed to be adequate for most signs when the buildings are located close to a street or pedestrian travelway. e. Design. All signs shall be designed to be in scale with the project design and compatible with the architectural character of each project. 2. Wall Sign a. Area. Maximum sign Area shall be limited to a maximum of .75 square feet per one linear foot of building frontage or 25% of the receiving wall area,whichever is less,up to a maximum sign area of 75 square feet. b. Height. The maximum height limit shall be 15 feet,measured from finished grade to top of sign. c. Illumination. In Areas 1, 2, 3 and a portion of 4 (see attached map)of the Downtown Business District only indirect illumination is permitted. d. Design. The design of the sign shall be compatible with the architectural style of building and shall be in proportion and scale with the wall upon which it is mounted. PAGE 16 OF RESOLUTION NO. 91-30 3. Aw..mg Sign a. Area. Maximum sign area shall be limited to a maximum of .75 square feet per one linear foot of awning length or 75%of the flat vertical plane of the awning where the sign is located, whichever is less, up to a maximum sign area of 20 square feet per awning. b. Number. One sign per elevation and a maximum of up to two signs per business. c. Height. The maximum height limit for any lettering on the awning shall be 12 feet,measured from finished grade. d. Location. Sign letters shall be located on a flat vertical plane of the awning. The minimum clearance under a canopy located over a pedestrian walkway shall be seven feet. e. Illumination. While indirect lighting is permitted for pedestrian walkways under the canopy of the awning, internally illuminated canopies are prohibited. f• Design. The design and shape of the awning shall be in scale with the architectural style of the building. 3. Shingle Sign and Projecting Sign a. Area. Maximum sign area shall be five square feet. b. Height. Minimum sign clearance shall be seven feet to the bottom of the sign. Projecting signs shall not project more than five feet from the wall upon which they are attached. c. Illumination. Only indirect illumination is permitted in Areas 1,2, 3 and 4 (see attached map) of the Downtown Business District. d. Design. The sign shall be compatible with the architectural style of building and shall be in proportion and scale with the space upon which it is mounted. 4. Window Sign (Note:See Section 32.45.19.3. for Neon Signs) a. Area. Maximum sign area shall be 25% of the contiguous window area. b. Design. The sign shall be compatible with the architectural style of the building and shall be in proportion and scale with the space it is located. The sign shall be applied to the window in a professional manner and shall be of a permanent nature. PAGE 17 OF RESOLUTION NO. 91-30 c. Use of Neon. For neou sign standards, see Section 32- 45.19.3. of this ordinance. 5. Freestanding Signs. Freestanding signs are allowed in addition to other project signs providing they meet the following standards; a. Ground Sign 1) Area. The maximum sign area shall be 35 square feet for lots with a minimum lot frontage of 125 feet. The maximum sign area shall be 20 square feet for lots with 100-124 feet of lot frontage. The base or support structure for the sign is not calculated as a part of the sign area unless it is designed to form an integral background for the display. 2) Height. Maximum height limit shall be seven feet measured from finished grade. 3) Location. Ground Signs shall be located a minimum of three feet from the back of the sidewalk, and minimum two feet back from the property line, whichever is greater. A ground sign may only be located on a property where the primary structure is setback a minimum of 20 feet from the public right-of- way. No sign shall be located within the public right- of-way,on a public utility easement or within the sign sight triangle for a street or driveway. 4) Number. For single tenant buildings or projects no more than one ground sign is allowed. These signs are allowed in addition to the maximum number of tenant identification signs allowed in the project. 5) Minimum Lot Width. No ground signs may be established on lots with a minimum lot dimension of less than 100 feet,measured at the street. 6) Message. The sign shall be limited to the address of the premises,and either;1)name of building complex, or 2)the logo and/or name of a single tenant. 7) Illumination. Only indirect illumination is permitted, unless approved under a Master Sign Program (see Section 32-45.13). PAGE 18 OF RESOLUTION NO. 91-30 b. Mini-Pole Sign 1) Area. Maximum sign area shall be six square feet. The base or support structure for the sign shall not be calculated as a part of the sign area unless it is designed to form an integral background for the display. 2) Height. Maximum height limit shall be seven feet to the top of the support structure of the sign plus an additional 1 foot for a decorative element extending above,such as a light fixture. 3) Location. The edge of a Mini-Pole Sign shall be located a minimum of one foot back from the sidewalk, or one foot back from the property line,whichever is greater.No sign shall be located within the public right- of-way or within the sign sight triangle for a street or driveway. 4) Number. One Mini-Pole Sign shall be allowed per property. 5) Minimum Lot Width. No minimum lot width required. 6) Illumination. Only indirect illumination is permitted. c. Neighborhood Identification Sign 1) Area. Maximum sign area for Neighborhood identification Signs shall be 35 square feet, unless the sign structure is intended to be a focal landscape feature,then the maximum size is subject to review and approval by Planning Division. 2) Height. Maximum height limit shall be seven feet, measured from finished grade. 3) Location. A Neighborhood Identification Sign may be located on a landscape wall, but not on the architectural soundwall of a development,if applicable. No sign shall be located within the public right-of-way, on a public utility easement or within the sight distance triangle (see Subdivision Ordinance definition) for a street or driveway. 4) Number. One Neighborhood Identification Sign shall be permitted per street entrance, but no more than three Neighborhood Identification Signs per development. PAGE 19 OF RESOLUTION NO. 91-30 5) Maintenance. The neighborhood identification Sign shall be maintained in good condition by a Homeowner's Association, or shall be subject to correction by the Town and the cost assessed back to the Homeowners Association. Section 32-45.15. Temporary/Promotional Signs Temporary/Promotional Signs are intended to be displayed for a limited period of time,are not limited to a certain type of material and shall be non-illuminated. The applicant shall file an application of a Temporary/Promotional Sign Permit prior to installation. 1. General. a. Permit. Prior to issuance of a Temporary/Promotional Sign Permit,the applicant must have a permanent sign application on file with the Town of Danville. b. Duration. The time limit for display of a Temporary/Promotional Sign for a new business shall not exceed 60 consecutive days. Thereafter, the time limit for Temporary/Promotional signs shall not exceed 15 consecutive days and 45 total days per calendar year per business. c. Material. Exterior signs shall be made of a durable material other than standard business paper. d. Area. The sign area for Temporary/Promotional Signs shall be calculated in addition to the permitted area allowed for permanent tenant signs. e. Number. A maximum of two Temporary Promotional Signs per business is permitted at any given time. 2. Freestanding A-frame signs a. Area. Freestanding Temporary/Promotional signs (e.g. A- frame signs) shall be limited to five square feet. b. Height. The maximum sign height shall not exceed 2.5 feet. c. Location. The sign shall not obstruct a pedestrian path or be located in the public right-of-way. PAGE 20 OF RESOLUTION NO. 91-30 d. Message. These signs shall only be used to advertise a special promotion or event, not the name of the business. 3. Promotional Banners a. Area. Maximum sign area shall be 20 square feet. b. Height. Maximum height limit shall be 12 feet. measured from finished grade. c. Location. No two banners shall face the same direction. d. Number. No more than one banner per lot frontage. e. Attachment. All temporary/promotional signs shall be properly attached to a window,wall or fence and shall not be fixed to a roof or tree. 4. Temporary Window Signs a. Area. Maximum sign area shall be 25% of the contiguous window area. b. Design. Window signs may be painted on the window or a sign may be placed on the inside of the window facing out. All signs shall be well designed and properly installed. Section 32-45.16. Real Estate Signs The following three types of Real Estate Signs are intended to be utilized when a property is for sale and/or lease. The purpose of this section is to regulate the size, number, location and duration of these temporary signs. 1. On-Site Real Estate Sign-Residential conditions: a. Area. One real estate sign per premise, not to exceed six square feet in area (including sign riders). b. Height. The maximum height shall be six feet, measured from grade level to top of sign. PAGE 21 OF RESOLUTION NO. 91-30 c. Location. Signs located at the corner of a lot shall be placed a minimum of 10 feet back from the right of way line or 10 feet back from edge of pavement(whichever is greater). All signs shall be situated so they do not encroach into the pedestrian walkway or obstruct the line of sight of motorists. d. Message. Information on the sign shall be restricted to the sale, lease or rental of the premises on which the sign is located. e. Period of Use. The sign shall be removed from the premises within ten days after the property is no longer for sale, lease or rent. For purposes of this ordinance,"Sale"shall mean the close of escrow and"Lease/Rent"shall mean occupancy by a tenant. 2. Off-Site Real Estate-Open House/Directional Signs-Residential Off-site Real Estate - Open House/Directional Signs - Residential directing public to an open house are permitted in the public right- of-way under the following conditions: a. Area. The signs may be double-faced and each side shall not be more than four square feet in area. b. Height. Maximum height limit shall be three feet from grade level to top cf sign. c. Number. Each real estate company may place only one (1) sign per leg(direction)at any one intersection.(For example: Only one Off-site Real Estate sign per corner per Real Estate company shall be permitted no matter how many listings are located in that direction.) d. Location. Signs are permitted on major arterial/collector intersections(see Figure 7 in the Danville 2005 General Plan), with a maximum of eight signs per intersection at any one .. time,when placed such that the sign does not encroach into the pedestrian walkway or obstruct the line of sight of a motorist. Signs are permitted on secondary streets with a maximum of four signs per intersection at any one time,when permission from the affected property owner has been secured,if the sign is to be placed on privately owned property. PAGE 22 OF RESOLUTION NO. 91-30 No signs shall be allowed on fences, utility poles, sidewalks, median strips,traffic islands,or within a travel way of a street. e. Message. Sign "riders"are not allowed to be placed on any Off-site Real Estate - Open House/Directional - Residential sign. f. Period of Use. Use of these signs are only permitted on one weekday (Agent Tour Day), plus Saturdays, Sundays and Holidays between 10:00 a.m. and sunset. provided a representative of the real estate firm or the property owner is present on the property at all times while such signs are displayed. The signs must be removed after the closing of the open house. Use of these signs may be permitted during prohibited days and hours when authorized through a sign permit. Examples of use would be a special open house promotion. g. Violations. All signs in violation are subject to seizure by the Town of Danville. (Note: These signs will be removed and stored at the Town Offices for a maximum of 10 days.After 10 days the Town will dispose of the sign if not claimed. Signs may be retrieved by contacting the Community Preservation Division and paying a$15.00 retrieval fee per sign). 3. On-site Commercial Real Estate Signs On-site Commercial Real Estate signs are permitted for multiple family investment property,commercial,industrial and office projects after construction under the following conditions: a. Area. On-site commercial signs shall meet the following standards: 1) In the case of commercial,industrial,office or multiple family investment properties for sale,the following sign area standards shall apply: a) Lots with a minimum of 125 lineal feet of street frontage are allowed one double faced sign not to exceed 32 sq. ft. in area for each face of the sign. In the case of corner lots, two double faced signs with each face not to exceed 16 square feet; or PAGE 23 OF RESOLUTION NO. 91-30 Lots with less than 125 lineal feet of street frontage are allowed one sign no larger than 16 sq.ft in area or in the case of corner lots, two double faced signs with each face not to exceed 8 sq. feet. 2) In the case of commercial,industrial,office or multiple family investment properties for lease or rent, the maximum sign area shall be 16 square feet. b. Height. Wall signs shall not exceed a height limit of 15 feet from finished grade. Ground signs shall not exceed a height limit of 7 feet from finished grade,unless setback a minimum of 30 feet from any public right-of-way in such case the maximum height limit shall be 12 feet. c. Number. One non-illuminated sign on each street frontage which serves solely to advertise the sale,lease or rental of the premises where the sign is located, is permitted in commercial, office, industrial and planned commercial developments. d. Location. Each sign must be situated so it does not encroach into the pedestrian walkway or obstruct the line of sight of a motorist. e. Message. Information on the sign shall be limited to the sale, lease or rental of the premises where the sign is located. f. Period of Use. The sign shall be removed from the premises within ten days after the property is no longer for sale, lease or rent. For purposes of this ordinance,"Sale"shall mean the close of escrow and"Lease/Rent"shall mean occupancy by a tenant. Section 32-4.5.17. Construction Signs. Application for on-site temporary construction signs for subdivisions and non- residential properties shall be permitted only when there is an application on file with the Planning Division for the development proposal. The type, location and number should be confirmed with the Land Use Permit for the Model Home complex, in the case of residential development, or with the Development Plan PAGE 24 OF RESOLUTION NO. 91-30 application in the case of non-residential development. A Sign Permit is not required for these signs provided that they meet the following standards: 1. On-site Subdivision Construction Signs a. Location. Signs shall be located within the boundaries of the subdivision or the subject lot,and shall not encroach into the public right-of-way. Signs shall be located so as not to interfere with the sight distance triangle (see Subdivision Ordinance definition)at road intersections and driveways. b. Number. One sign is permitted per subdivision entrance. For interior subdivisions without primary street frontage, Town-approved Reader Board signs may be installed within the public right-of-way at the nearest major intersection when there are more than two interior subdivisions not located on a major street. These signs may have a double width (36"x 48") sign component. (Note: All Town-approved Reader Board signs require a sign permit, building permit and encroachment permit approval if they are located in the public right-of-way and shall be constructed per Town standards.) See Section 32-45.18 for Reader Board requirements. c. Area. Maximum sign area shall be 32 square feet. d. Height. Maximum sign height shall be 12 feet, measured from finished grade. e. Additional Signs. Other temporary decorative signs,such as flags-which are designed to attract the public's attention,shall be subject to review and approval through a Land Use Permit application for the subdivision's model home complex.As a general rule,no more than two promotional flags per model home shall be permitted. f• Duration. Signs may be erected and maintained for a maximum of 18 months,or until 30 days after all homes have transferred ownership once, whichever occurs first. An extension of the time limit may be authorized by the Chief of Planning upon showing of good cause. g. Permits. Signs require a Building Permit. PAGE 25 OF RESOLUTION NO. 91-30 2. On-site Non-residential Construction Signs a. Location. Signs shall be located within the subject property boundaries of the construction site and shall not encroach into the public right-of-way. Signs shall be located so as not to interfere with the sign sight triangles at road intersections and driveways. b. Number. One sign shall be allowed per project. c. Sign copy. Sign copy shall be limited to information on the developer, architect, financial institution, future tenants and leasing information. d. Area. Construction sites with a minimum street frontage of 125 linear feet shall have a maximum sign area of 32 square feet. Construction sites with a street frontage less than 125 linear feet shall a maximum construction sign area of 24 square feet. e. Height. Maximum sign height shall be 12 feet, measured from finished grade. f. Additional Signs. Other temporary decorative signs,such as flags-which are designed to attract the public's attention,shall be subject to review and approval through a Temporary/Promotional sign permit. g. Duration. Signs may be erected for a maximum of one year or until occupancy,whichever occurs first. An extension of the time limit may be authorized by the Chief of Planning upon showing of good cause. h. Permits. Signs require a building permit. Section 32-45.18. Subdivision Reader Boards. The Subdivision Reader Board sign program was established to provide a unified off-site sign program for advertising the sale of residential lots in subdivisions. These signs are temporary and may be located within the public right-of-way upon securing the appropriate permits as required in this section. These signs shall have no illumination (either external or internal). PAGE 26 OF RESOLUTION NO. 91-30 1. Location: The signs may be installed within the public right-of-way, generally situated 5'+/- behind the face of curb, unless otherwise regulated through the sign permit. All signs shall be located so that they do not interfere with sight distance for motorists, pedestrians and bicycle riders. Signs shall be located a minimum of 60 feet from an intersection. (Note: If this structure causes interference with future landscape installation within the right-of-way, the structure shall be relocated at the applicant's expense to a location approved by the Town of Danville.) 2. Sign Copy: The sign copy for each individual sign component shall only advertize the name and directions to the subdivision. 3. Area. The size and design of the sign shall conform with Town- approved design standards. The overall area of a single width sign shall not exceed 36 sq.ft. Each sign component shall be 18"x 48". 4. Height. The maximum height of the sign shall not exceed 9'10" measured from finished grade. 5. Insurance: Proof of comprehensive general liability insurance of at least$1,000,000.00 is required. The Town,it's officers,agents, and employees shall be named as additional insured. Proof of insurance is required prior to issuance of a building permit. 6. Permits: An administrative sign permit from the Planning Division, a building permit from the Town of Danville Building Department and an encroachment permit from the Engineering Division shall be secured prior to construction of the sign structure. Each 18"x 48" Reader Board component shall also secure administrative approval by the Planning Division prior to installation. 7. Maintenance: The applicant shall maintain the sign structure and the area surrounding the sign in good condition and free of debris and weeds. 8. Duration: The sign structures shall be removed at the time that the last unit of a subdivision has been sold or when the last Subdivision Reader Board sign component has been removed from the structure. Removal of the entire structure shall incur no later than 30 days after the last Subdivision Reader Board component insert has been removed from the structure. PAGE 27 OF RESOLUTION NO. 91-30 Individual Subdivision Reader Board components shall be utilized for a period not to exceed eighteen (18) months from the date of installation or until (30) days after the sale of the last unit in the subdivision,whichever occurs first. The time period shall start from the date of administrative approval for the individual Reader Board component. Extensions of these time limits may be approved by the Chief of Planning. 9. Surety Bond: A security(cash,bond,certificate of deposit,or letter of credit) shall be posted in the amount of$500 as a guarantee for the removal of each sign structure prior to the issuance of a building permit. Section 32-45.19. Sign Illumination. 1. Indirectly Illuminated Signs. a. Illumination. Lighting intensity shall be the minimum required to be legible. b. Location. All light sources shall be directed away from view of the general public and appropriately screened. 2. Internally Illuminated Signs. The standards applicable to internally illuminated signs are contained in Section 32-45.13(Master Sign Program). 3. Neon. a. Area. If the neon sign depicts the name of the business,the sign area is calculated towards the allowable window sign area (see Section 32-45.14.4.) for the business. b. Design. Only artistically designed neon signs will be considered. These signs may include artistic symbolism or unique lettering styles. c. Number. Only one neon sign per street frontage per business may be utilized. If the sign is only an artistic expression, then the sign is allowed in addition to the maximum number of signs permitted. d. Message. The design shall include only the name of the business or symbolize the activities of the business,but shall PAGE 28 OF RESOLUTION NO. 91-30 not include product trademarks or names. e. Location. Neon signs shall only be located on the interior of windows. No exterior neon signs are permitted. f. Illumination. Lighting intensity shall be the minimum required to be legible. g. Permit. All neon signs require review and approval by the Design Review Board prior to installation. Section 32 45 20 Approval. If the sign complies with the intent of this Article, the Chief of Planning may approve the application, or approve it subject to conditions. The applicant must then apply to the Building Department for review and determination of compliance with the Building Code. The applicant is responsible for obtaining such building, electrical or other permits as are required and shall not install the sign until the appropriate permits are issued. The Chief of Planning or Design Review Board may refer an application to the Planning Commission for consideration and action. Section 32.45 2t Denial. The Chief of Planning or Design Review Board may deny a permit if the application submittal has not complied with this Article. The Chief of Planning shall send written notice to the applicant within 10 days of the denial stating the reasons for denial. Section 32-45 22 A person aggrieved or affected by an action of the Chief of Planning or the Design Review Board may appeal the action under Section 30-11 of the Danville Municipal Code, which incorporates by reference Sections 26-2.2402 through 26-2.2410 of the Contra Costa County Code. The appellant must file a written notice of appeal, with the appropriate appeal fee,and set forth specific grounds for the appeal.Said appeal must be filed with the Chief of Planning within 10 days of action on the application. In an appeal,the appellant has the burden of proof. Section 3 23 Limitations. A Sign Permit issued by the Town under this Article expires if the work authorized by the permit is not started within 90 days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned for a period of 60 consecutive days after the beginning of work. If a sign permit is filed PAGE 29 OF RESOLUTION NO. 91-30 in conjunction with a Development Plan or other land use entitlement, the sign permit is valid until the development plan or land use entitlement expires. If the Sign Permit expired,the applicant must renew the Sign Permit before beginning work. The fee for the renewed permit shall be one-half of the amount required for a permit,if no changes have been made in the original plans and specifications and if the suspension or abandonment has not exceeded 180 days. Section 32-45.24. Revocation. The Chief of Planning may suspend or revoke a permit issued under this Article whenever the permit is issued on the basis of a misstatement or omission of material fact or fraud or for any reason listed in Section 26-2.2022 of the Contra Costa County Code, as adopted by reference by Section 30-1.1 of the Danville Municipal Code. The procedures for revocation of a sign permit are those set forth in Sections 26-2.2024 through 26-2.2030 of the Contra Costa County Code, as adopted by reference by Section 30-1.1 of the Danville Municipal Code. Section 32-45.25. Records. The Chief of Planning shall maintain a record of each sign permit issued. DIVISION 3: ENFORCEMENT REGULATIONS Section: 32-45.26 General 32-45.27 Violation is an Infraction 32-45.28 Violation-Nuisance 32-45.29 Abatement 32-45.30 Inspection 32-45.31 Maintenance 32-45.32 Non-conforming signs 32-45.33 Remedies Not Exclusive Section 32-45.26. General. These sign regulations shall be in effect as of the effective date of this Article except that: 1. In case of a conflict between sign regulations contained in this ordinance,the stricter regulation applies. 2. In the case of conflict between this Article and other sign regulations in the Municipal Code,these regulations shall apply. PAGE 30 OF RESOLUTION NO. 91-30 Section 32-45.27, Violation is an Infraction. A person who violates this Article is guilty of an infraction under Chapter 1,Section 1-5.1 and 1-5.2 of the Danville Municipal Code. Sectio_ r32_45 Zg Violation-Nuisance. A sign or sign structure placed or maintained contrary to this Article is a public nuisance. Section.32.4g 21 Abatement. A sign or sign structure placed or maintained contrary to this Article after approval of this ordinance may be abated as follows: 1. A sign placed which is illegal,prohibited or which imperils the safety of people or property, or an obsolete or abandoned sign is subject to removal by the owner and,upon the owner's failure to do so, by the Town. 2. A sign may be abated and the expense or abatement shall be a lien against the property and a personal obligation against the property owner. The abatement procedure is that set forth in Chapter 1, Section 1-5.1 and 1-5.2 of the Danville Municipal Code. 3. Each person who places a sign which is subject to removal under subparagraphs 1 or 2 is jointly and severally liable for the cost of removal. The Town has a lien upon the sign for the cost of removal and may keep possession of the sign until the owner redeems it by paying to the Town the cost of removal. The Town may dispose of the sign 60 days after removal by giving the owner notice that the owner may redeem the sign by paying the cost of removal and if he fails to do so,the Town will dispose of the sign as it sees fit without further liability to the owner for this action. Section 32 45 30 Ins ection. The Chief of Planning may make such inspections as may be necessary to ascertain whether a sign conforms to this Article. Section12.31 Maintenance No person may maintain or permit to be maintained on a premises owned or controlled by him, a sign or sign structure which is unsafe, dilapidated or in PAGE 31 OF RESOLUTION NO. 91-30 disrepair. If such a sign exists,the Town shall give written notice of the fact to the property owner and the person responsible for the sign. If the sign is not repaired within the time specified in the notice,the Chief of Planning may revoke the sign permit under Section 32-45.24 and remove the sign under Section 32-45.29 of this Article. Section 32-45.32. Non-conforming signs. A sign lawfully placed before the effective date of this Article which does not conform to this Article is a non-conforming sign. Non-conforming signs established before and after adoption of this Article shall be subject to the following regulations. A non-conforming sign which is abandoned, altered, reconstructed in a manner inconsistent with this Article or moved must comply with this Article or be subject to abatement under Section 32-45.29. 1. Inventory and Identification of Illegal or Abandoned Signs The Town shall commence an inventory of all existing signs within six months from the date of the adoption of this Article. 2. Removal of Signs Without Compensation If any the following actions result in non-conformance with this Article, the Town may elect to require the removal without compensation of any sign which meets the following criteria after notice and hearing pursuant to Chapter 2.6 of Division 3 of the California Business and Professions Code is given: a. Any sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use. b. Any sign which was lawfully erected anywhere in the Town, but whose use has ceased, or the structure upon which the display has been abandoned by its owner,for a period of not less than 90 days. Costs incurred in removing the abandoned sign may be charged to the legal owner. c. Any sign that has been more than 50 percent destroyed, and the destruction is other than facial copy replacement, and cannot be repaired within 30 days from the date of its destruction. PAGE 32 OF RESOLUTION NO. 91-30 d. If an owner requests permission to remodel a building and remodels a sign (outside of a change in copy). e. If an owner obtains a permit to expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement, or remodeling. f. The cost of construction, enlargement, or remodeling of the sign exceeds 50 percent of the cost of reconstruction of the building. g. Any sign whose owner seeks relocation inconsistent with this ordinance and relocates the sign. The Town is not liable for relocation costs if the Town requires the relocation. h. Any sign for which there has been an agreement between the sign owner and the Town,for its removal as of any given date. i. Any sign which is temporary. 1. Any sign which is or may become a danger to the public or is unsafe. k. Any sign which constitutes a traffic hazard not crated by relocation of streets or highways or by acts of the Town, County, or State. I. Upon approval of a Conditional Use Permit,Development Plan or other similar entitlement where the gross square footage of the building is increased greater than 50%,all non-conforming signs shall be modified and/or removed prior to issuance of a building permit for the entitlement. 3. Removal Followin Amortization or Payment of ust and Fair Comoensation for Non Confortnine Siens a. The Town may,require the removal of a non-conforming sign without compensation to the sign's owner, upon the expiration of a reasonable amortization period, per the requirements of Section 32-45.6.2. For purposes of this Section, a reasonable amortization period is hereby deemed to be six months from the date written notice requiring the removal of the non-conforming sign is given by the Town to PAGE 33 OF RESOLUTION NO. 91-30 the sign's owner,provided that such amortization period may be extended by the Town or up to an additional two years, upon a demonstration of good cause by the owner of the sign. b. As an alternative to the amortization procedure set forth above,the Town may elect to require the removal of a non- conforming sign at any time following payment by the Town of the fair market value of the sign. "Fair Market Value" for purposes of this Section shall mean,and shall be calculated by adding, the actual cost of removing the sign (including the cost of repair of physical damage to the real property or improvements to which the sign was affixed, directly caused by such removal)and the in-place depreciated value of such sign. 4. General Provisions A nonconforming sign may not be: a. Changed to another nonconforming sign; b. Structurally altered so as to extend beyond its useful life; c. Expanded; or, d. Relocated. 5. Exceptions Exceptions to the provisions of this Section may be granted by the Town Council upon application of any sign owner who presents substantial evidence showing that the sign conforms to Section 32- 45.7 Exceptions of this Article. Section 32-45.33. Remedies Not Exclusive. The remedies in this Article are not exclusive. The Town may rely on any remedy authorized by law. SECTION 3. SEVERABILITY. SEVERABILITY. The Town Council hereby declares that every section,paragraph, clause and phrase are severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, PAGE 34 OF RESOLUTION NO. 91-30 such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections,paragraphs,sentences, clauses or phrases. SECTION 4. CODIFICATION. CODIFICATION. Sections Two and Three shall be codified in the Danville Municipal Code. Sections One and Four shall NOT be codified in the Danville Municipal Code. The foregoing Ordinance was first read and introduced on February 18, 1992 and approved and adopted by the Danville Town Council at a Regular Meeting on March 3, 1992, by the following vote: AYES: Lane, Greenberg, Doyle, Ritchey, Shimansky NOES: None ABSTAINED: None ABSENT: None MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK signord.fin PAGE 35 OF RESOLUTION NO. 91-30 "1/4, . -- ' [:"...L:LiVED •t1 .. sAKPIN_ANs.-r zyysrp. r: LiCT 2_. 1990 PLANNIN4111 lisr...._7-11 9_,..„.....,_ , h-\ IDAIWT1175.1 N= N 1: A --' r < I.e,--G.x C..79,47. :•. NI L, -,= > 1 1 '‘.1 = • wi • .A4-X ePrip. = I —1 ! k \ _ ‘.) - 1 1 1 I . ' lik \ A. =--______________L__. _\ I I ,-__-. r z FLPrit7 -I-I /a=-• •a c . - ;•,'- ,\i -.;----------------------- ry.=-_-1.-7._.-_- ‘) .1 $1 .. .. ,,. .„. I • V 1 I. - I....'' 4 I \I ' • 0 • _..__._ ,-----,.. _ I.c,.. .z. Ion _. ....6...LE r- i•-I'c• D 67